Special counsel Jack Smith has formally appealed a federal judge’s dismissal of criminal charges against former President Trump over his alleged mishandling of classified information after finding the prosecutor was unlawfully appointed.
Smith’s office filed a notice saying it would appeal Florida-based U.S. District Judge Aileen Cannon’s ruling tossing out the 40 charges Trump faced to the 11th Circuit Court of Appeals.
The Trump-appointed judge on Monday ruled that Attorney General Merrick Garland did not have the authority to appoint a federal officer with the “kind of prosecutorial power wielded by Special Counsel Smith.”
“The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers,” Cannon wrote in a 93-page ruling.
“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”
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