United States|The judge appointed by Trump justified the dismissal of the charges by saying that the appointment of the special prosecutor who investigated the matter was unconstitutional.
Stateside the special prosecutor plans to appeal the judge about the decision reject the former president Donald Trump charges brought against. The charges related to the fact that Trump had kept classified documents in his apartment after his presidency.
Special Prosecutor Jack Smith’s the spokesman said that the Department of Justice had given permission to appeal the Florida judge appointed by Trump by Aileen Cannon about Monday’s decision.
In his decision, Cannon did not take a direct position on whether Trump broke the law or not.
The judge justified the dismissal of the charges on the grounds that the appointment of Special Prosecutor Smith was unconstitutional. According to the judge, the special prosecutor must be appointed by the president and approved by Congress. Minister of Justice Merrick Garland appointed Smith as special prosecutor in the case.
According to the special prosecutor’s spokesperson, the dismissal of the charges differs from previous similar court decisions.
American magazine of the New York Times by Cannon’s decision departs from decades of prior decisions made in courts higher than district courts.
According to the newspaper, special prosecutors have been similarly appointed in the past to investigate, for example, the Watergate scandal in the 1970s and the Iran-Contra scandal in the 1980s, as well as Trump’s connections with Russia at the end of the last decade. In court, the appointments of the special prosecutors in question have consistently been considered to have been legal, the New York Times writes.
Cannon’s previous decisions have also been considered so exceptional that they have aroused criticism of Cannon’s competence and Trump’s possible favoritism, the magazine tells.
In early July, a conservative US Supreme Court justice Clarence Thomas wrote his opinion conforming to Cannon’s line in the case concerning presidential immunity in the decision.
Thomas expressed his view that the appointment of a special prosecutor without congressional approval could be unconstitutional. However, Thomas did not directly take a position on whether he has this opinion on the matter.
The other Supreme Court justices did not sign on to Thomas’ dissenting opinion.
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