Jack Smith was spotted out and about after Judge Cannon dismissed his classified documents case against Trump.
Jack Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.
Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
Judge Cannon dismissed Jack Smith’s classified documents case based on unlawful appointment and funding of the special counsel.
Citing Justice Clarence Thomas’s concurring opinion on the presidential immunity ruling, President Trump’s lawyers asked Cannon to reconsider the motion to dismiss based on the argument that Jack Smith was unlawfully appointed.
Cannon agreed with Trump’s attorneys and dismissed Jack Smith’s case based on both unconstitutional elements: The appointment by US Attorney Merrick Garland and the unlimited funding given to Jack Smith – both without the approval of Congress.
Cannon dismissed the ENTIRE case: . “The clerk is directed to close this case,” Cannon wrote.
“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action 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,” Cannon wrote in her order.
Jack Smith looked defeated after his case was dismissed by Judge Cannon.
“Special Counsel, do you plan to make a statement soon to us? Can we expect to hear from you today on the docs case, sir?” an ABC reporter said to Jack Smith.
WATCH:
NEW – ABC’s @tiahumphries_ got exclusive video of Special Counsel Jack Smith following classified docs case being dismissed. He had no comment. pic.twitter.com/BDg7mSmHXN
— Katherine Faulders (@KFaulders) July 15, 2024
What will Jack Smith do next?
He will likely appeal Judge Cannon’s decision or refile the case under a US Attorney.
