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Powerline Blog
Power Line
15 Jul 2024
Scott Johnson


NextImg:Krazee-Eyez Killa down

Following up on Justice Thomas’s concurrence in Trump v. United States, Judge Aileen Cannon has dismissed the classified documents case against President Trump et al. that has been pending before her. Judge Cannon’s 93-page order “based on appointments clause violation” is posted online here.

Krazee-Eyez Killa Jack Smith, as I call him — he’s illegal. Attorney General Merrick Garland should not have appointed Smith Special Counsel. Smith’s appointment doesn’t even comply with the terms of the Department of Justice’s Special Counsel regulation, but Judge Cannon’s dismissal is based on Smith’s lack of authority to exercise the prosecutorial power of the United States under the appointments clause.

Judge Cannon is in good company with her analysis. Former Attorneys General Michael Mukasey and Ed Meese have argued the point along with Professors Steven Calabresi and Gary Lawson.

Smith will undoubtedly appeal the dismissal to the Eleventh Circuit and obtain a contrary ruling form Judge Tanya Chutkan and the D.C. Circuit. Some time down the road the Supreme Court will resolve the issue — if necessary. Let us hope it isn’t necessary and Smith is sent home. It is past time for the lawfare campaign Democrats have waged against Donald Trump to come to an end.