President Trump announced on Monday that his legal team will sue the Biden Department of Justice for $100 million over the unprecedented raid on his home in 2022.
Last month, Judge Aileen Cannon dismissed the high-profile classified documents case, citing the unlawful appointment of Special Counsel Jack Smith.
This decision comes as a significant blow to the Biden regime and the Department of Justice, raising questions about the integrity of the entire investigation.
Attorney General Garland violated the Constitution by appointing Jack Smith to conduct this politically motivated persecution against President Trump.
The decision effectively halts the prosecution led by Special Counsel Jack Smith, appointed by Attorney General Merrick Garland.
In her ruling, Judge Cannon wrote:
Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order [ECF No. 326]. The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution. U.S.
Const., Art. I, $ 2, cl. 2. Special Counsel Smith’s use of a permanent indefinite appropriation also violates the Appropriations Clause, U.S. Const., Art. I, § 9, cl. 7, but the Court need not address the proper remedy for that funding violation given the dismissal on Appointments Clause grounds.
The effect of this Order is confined to this proceeding.
The court found that Smith’s appointment did not adhere to the Appointments Clause, which requires that principal officers of the United States be appointed by the President and confirmed by the Senate.
The Special Counsel’s use of a permanent indefinite appropriation was also deemed a violation of the Appropriations Clause, although the court did not address the remedy for this funding violation given the dismissal on Appointments Clause grounds.
The case, which stemmed from a grand jury indictment on June 8, 2023, charged Trump with 31 counts of willful retention of national defense information and additional conspiracy and concealment charges against Trump and his co-defendants, Waltine Nauta and Carlos De Oliveira. The indictment was later expanded to 42 charges in a superseding indictment.
President Trump previously filed a motion to dismiss Jack Smith’s classified documents charges based on the “unlawful appointment and funding of Special Counsel.”
Day one of the expanded evidentiary hearing was held in June.
According to NBC News, President Trump’s lawyers “argued that an officer like the special counsel must be appointed “by law” and that the special counsel should be categorized as a “principal officer” and subject to Senate confirmation. The statutory text cited by the special counsel’s office “does not authorize” the U.S. attorney general’s appointment of the special counsel, his lawyer, Emil Bove, argued.”
Cannon did question whether Attorney General Merrick had any oversight role in seeking the indictment against Trump.
Jack Smith’s prosecutor James Pearce refused to answer and claimed it would be against policy to answer the question.
FOX News reported:
Former President Donald Trump announced on Monday he will sue the Biden DOJ over the over the government’s unprecedented 2022 raid on his Mar-a-Lago property in Palm Beach, Florida, with lawyers arguing it was done with “clear intent to engage in political persecution.”
EXCLUSIVE: Former President Donald Trump is set to sue the Justice Department for $100 million in damages over the government’s unprecedented 2022 raid on his Mar-a-Lago property in Palm Beach, Florida, with lawyers arguing it was done with “clear intent to engage in political persecution.”
Fox News has obtained Trump’s memo claiming “tortious conduct by the United States against President Trump.”
After the raid, Special Counsel Jack Smith was appointed to investigate. Smith ultimately brought 37 felony counts against Trump, including willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump pleaded not guilty to all counts.
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