Special counsel Jack Smith has formally appealed a federal judge’s dismissal of criminal charges against former President Trump regarding his alleged mishandling of classified information. The appeal was filed after U.S. District Judge Aileen Cannon ruled that Attorney General Merrick Garland lacked the authority to appoint Smith, deeming his appointment unconstitutional.
Judge Cannon, a Trump appointee, dismissed the 40 charges Trump faced, citing the Appointments Clause. She argued that appointing a special counsel bypasses Congress’s role in the appointment of inferior officers, thus violating the separation of powers.
This ruling represents a significant victory for Trump, being the first of his four criminal cases to be dismissed entirely. Trump called the dismissal a “first step” towards “uniting our nation” and demanded the dismissal of his other cases.
A spokesperson for Smith’s office stated that Cannon’s ruling “deviates from the uniform conclusion of all previous courts” on the attorney general’s authority to appoint a special counsel.
Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, also had their charges dismissed in this ruling.
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