After a year of court hearings examining far-fetched theories about presidential classification power, flimsy accusations of prosecutorial misconduct and heated debates about redacting court filings, Judge Aileen Cannon ended Jack Smith’s classified documents prosecution of former President Donald Trump on Monday for a more foundational – but nonetheless astonishing – reason.
She said Smith was unconstitutionally appointed as special counsel and that the funding of his office also violated the law. Her dismissal of the case on that rationale is at odds with several other court rulings from judges across the country that have upheld the Justice Department’s use of special counsels to spearhead politically sensitive investigations.
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