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Trump Wins! Jack Smith’s DOJ Appointment Declared Unconstitutional

This is promising to be an incredibly good week for Donald J. Trump, all things considered. After surviving an assassination attempt by the Biden White House, Trump is now headed to the Republican National Convention to accept the party’s nomination for president for 2024.

On Monday, District Court Judge and future US Supreme Court Justice Aileen Cannon dismissed the Biden regime’s classified documents case against Trump. The grounds for dismissal were unexpected but welcome. She ruled that special prosecutor Jack Smith’s appointment was unconstitutional and therefore he had no statutory authority to charge Trump with any crimes.

Joe Biden’s Attorney General Merrick Garland appointed Jack Smith as special counsel to “get Trump.” This appointment was made out of the blue. Smith lives in Italy with his Trump-hating, documentary-filmmaking wife. He’s barely even an American and he didn’t even work at the Department of Justice when Garland appointed him.

Judge Cannon wrote a 93-page ruling that declared, “The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”

 

We’re all familiar with the Appointments Clause from high school civics class. A president appoints a nominee to a position as an officer in the government and then the Senate has to approve or reject that nominee. Over the years, the courts have separated officers into “principal” versus “inferior” officers.

Cabinet heads like Garland are allowed to appoint inferior officers only if they have been authorized to do so through legislation passed by Congress. Only a president has the authority to nominate a principal officer, who must be approved by the Senate. President Trump’s lawyers successfully argued that Biden never nominated Smith and he wasn’t approved by the Senate. Therefore, he never had any authority to charge Trump with any crimes.

The prosecutors tried to argue that Smith was an inferior officer, but that didn’t fly with Judge Cannon. While Cannon agreed that Smith is “inferior,” (Ha!) she noted in her ruling that Garland had no statutory authority to appoint Smith.

The ruling reads, “Congress—historically, and in the present moment—has shown that it knows how to create offices for special counsels. In 1924, Congress did so in response to the Teapot Dome scandal. In 1978, Congress passed the much-discussed (and now-defunct) Independent Counsel Act.”

The Democrats allowed the Independent Counsel Act to expire in 1999 after they got tired of independent counsel Ken Lay discovering so many of Bill Clinton’s rape and sexual harassment victims. So, Jack Smith was not an independent counsel, and he was an illegitimately appointed special counsel.

This means the bogus classified documents case against President Trump has disintegrated and once again, he has been found completely innocent of any wrongdoing. It’s funny how that worked out since he didn’t have to go to court with a biased judge and jury in Manhattan, isn’t it?

You might remember that Supreme Court Justice Clarence Thomas hinted at Smith’s illegitimacy in a side ruling last month. That was when the court threw out the Justice Department’s illegal use of the Enron document-shredding law against January 6 protesters. Judge Cannon no doubt read that opinion and it may have influenced her ruling directly.

What happens now? Smith is still acting as special counsel in the prosecution of Trump in Washington, DC over the bogus January 6 charges. That case is being overseen by District Judge Tanya Chutkin who is Hunter Biden’s former law firm partner. Trump’s lawyers are appealing the J6 charges for the same reason—Smith is illegitimate.

If Judge Chutkan disagrees with Judge Cannon’s ruling, Trump’s lawyers have automatic grounds to kick the case up to the Appeals court level. That would effectively push the January 6 charges back until after the election, unless the Appeals court agrees with Judge Cannon.

If Smith then appeals to the Supreme Court, it’s all over. As far as we can tell, Smith is so incompetent that he’s never won a Supreme Court case.

So, it’s shaping up to be an incredible week for President Trump. He cheated death on Saturday. He’s been declared innocent in the classified documents case. He’s formally accepted the Republican Party nomination for president in 2024. And Trump announced he’s chosen the most Pro-America, MAGA loving candidate to be his Vice-President: JD Vance.

Not bad for a guy who was supposed to be dead or in prison by now!


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