On Monday, Judge Aileen Cannon dismissed the Mar-a-Lago classified documents case against former President Donald Trump.

In her 93-page opinion, Judge Cannon ruled that Pres. Biden violated the Constitution by appointing a special counsel, Jack Smith, to prosecute Trump without first nominating Smith and gaining confirmation by Congress. As a result, Special Counsel Smith’s office was improperly funded by the Justice Department, Cannon ruled:

“The Superseding Indictment is dismissed because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”

….

“In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny.”

Biden’s Justice Department plans to appeal the decision.