• Latest
  • Trending
  • All
  • News
  • Business
  • Lifestyle
Jack Smith Appeals Judge’s Ruling Finding His Appointment Unconstitutional

Jack Smith Appeals Judge’s Ruling Finding His Appointment Unconstitutional

July 17, 2024
JAMES CARTER: America’s Capex Comeback

JAMES CARTER: America’s Capex Comeback

July 26, 2025
NEWT GINGRICH: Trump Boom Or Democrat Gloom

NEWT GINGRICH: Trump Boom Or Democrat Gloom

July 26, 2025
JOSH HAMMER: Grading The Second Trump Presidency, Six Months In

JOSH HAMMER: Grading The Second Trump Presidency, Six Months In

July 26, 2025
Leftist Outrage Erupts At California Plan To Stop Paying Criminal Illegals’ Legal Bills

Leftist Outrage Erupts At California Plan To Stop Paying Criminal Illegals’ Legal Bills

July 26, 2025
Mexican Border State Asks Tourists to Travel Highways Only in Daylight Hours

Mexican Border State Asks Tourists to Travel Highways Only in Daylight Hours

July 26, 2025
LARRY ELDER: Dems Rail Against Colbert’s Cancellation — Here’s Why

LARRY ELDER: Dems Rail Against Colbert’s Cancellation — Here’s Why

July 26, 2025
Estado Fronterizo Mexicano Pide a Turistas Viajar Solo de Día

Estado Fronterizo Mexicano Pide a Turistas Viajar Solo de Día

July 26, 2025
Biden-Appointed Judge Tosses Lawsuit Against Sanctuary City Chicago

Biden-Appointed Judge Tosses Lawsuit Against Sanctuary City Chicago

July 26, 2025
NEWT GINGRICH: Beyond The August Recess

NEWT GINGRICH: Beyond The August Recess

July 26, 2025
CBS Trades One 60 Minutes Liberal Insider For Another

CBS Trades One 60 Minutes Liberal Insider For Another

July 25, 2025
JENNY BETH MARTIN: No Amnesty: America’s Immigration System Must Respect The Rule Of Law

JENNY BETH MARTIN: No Amnesty: America’s Immigration System Must Respect The Rule Of Law

July 25, 2025
Dem Admits Party’s Epstein Files Attack Line Is ‘Bulls*it’

Dem Admits Party’s Epstein Files Attack Line Is ‘Bulls*it’

July 25, 2025
  • Donald Trump
  • State of the Union
  • Elon Musk
  • Tariffs
  • Congress
  • Faith
  • Immigration
Saturday, July 26, 2025
  • Login
IJR
  • Politics
  • US News
  • Commentary
  • World News
  • Faith
  • Latest Polls
No Result
View All Result
IJR
No Result
View All Result
Home News

Jack Smith Appeals Judge’s Ruling Finding His Appointment Unconstitutional

by Daily Caller News Foundation
July 17, 2024 at 6:19 pm
in News, Wire
247 5
0
Jack Smith Appeals Judge’s Ruling Finding His Appointment Unconstitutional
491
SHARES
1.4k
VIEWS
Share on FacebookShare on Twitter

Daily Caller News Foundation

Special Counsel Jack Smith notified a judge Wednesday that he is appealing her decision to dismiss the classified documents case against former President Donald Trump.

Judge Aileen Cannon found Monday that Smith’s appointment violated the Appointments Clause of the United States Constitution and granted Trump’s motion to dismiss the case. Smith signaled he would appeal shortly after the ruling, and he filed his official notice on Wednesday.

“The United States of America hereby gives notice that it appeals to the United States Court of Appeals for the Eleventh Circuit from the order of the District Court entered on July 15, 2024,” the notice states.

A spokesperson for Smith’s office said Monday that the dismissal of the case “deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel.”

“The Justice Department has authorized the Special Counsel to appeal the court’s order,” the spokesperson said.

Cannon held that Attorney General Merrick Garland did not have the authority to appoint Smith, who previously was a private citizen neither appointed by the president nor confirmed by the Senate. Smith’s prosecution of Trump “breaches two structural cornerstones of our constitutional scheme — the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” she wrote.

“Both the Appointments and Appropriations challenges as framed in the Motion raise the following threshold question: is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution?” Cannon wrote. “After careful study of this seminal issue, the answer is no.”

Cannon held hearings on the issue of Smith’s appointment June. Her ruling cites Justice Clarence Thomas’ concurring opinion in the Supreme Court’s presidential immunity case, where he suggested Smith’s appointment was unconstitutional.

“If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution,” Thomas wrote in his July 1 concurring opinion. “A private citizen cannot criminally prosecute anyone, let alone a former President.”

This is a breaking news story that will be updated.

(Featured Image Media Credit: Screenshot/YouTube/CSPAN)

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Tags: DCNFU.S. NewsUS
Share196Tweet123
Daily Caller News Foundation

Daily Caller News Foundation

Advertisements

Top Stories June 10th
Top Stories June 7th
Top Stories June 6th
Top Stories June 3rd
Top Stories May 30th
Top Stories May 29th
Top Stories May 24th
Top Stories May 23rd
Top Stories May 21st
Top Stories May 17th

Join Over 6M Subscribers

We’re organizing an online community to elevate trusted voices on all sides so that you can be fully informed.





IJR

    Copyright © 2024 IJR

Trusted Voices On All Sides

  • About Us
  • GDPR Privacy Policy
  • Terms of Service
  • Editorial Standards & Corrections Policy
  • Subscribe to IJR

Follow Us

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Politics
  • US News
  • Commentary
  • World News
  • Faith
  • Latest Polls

    Copyright © 2024 IJR

Top Stories June 10th Top Stories June 7th Top Stories June 6th Top Stories June 3rd Top Stories May 30th Top Stories May 29th Top Stories May 24th Top Stories May 23rd Top Stories May 21st Top Stories May 17th