特朗普机密文件案被驳回,法官发现特别检察官任命违宪
Trump Classified Docs Case Dismissed, Judge Finds Special Counsel Appointment Unconstitutional

原始链接: https://www.zerohedge.com/markets/trump-classified-docs-case-dismissed-judge-finds-special-counsel-appointment

简单来说,美国地方法院法官艾琳·坎农(Aileen Cannon)裁定,由于缺乏国会批准或参议院确认,任命正在调查前总统唐纳德·特朗普的特别检察官杰克·史密斯是违宪的。 这意味着调查无法在目前的结构下进行,针对特朗普涉嫌保留机密文件的案件已被驳回。 特朗普庆祝这一裁决是一项重大胜利,并呼吁进一步驳回正在进行的案件,指责民主党利用司法系统进行政治攻击。 目前还不确定检察官是否会对该决定提出上诉,但如果他们这样做,案件的未来可能会受到质疑。 该案涉及特朗普未经许可将机密文件保存在他的海湖庄园的指控,阻碍了政府追回这些文件的努力。 特朗普声称,他的法律团队对司法部长梅里克·加兰 2022 年任命特别检察官的决定的合法性以及任命本身的合宪性提出质疑。 此外,副法官克拉伦斯·托马斯质疑这一任命的合宪性,并与特朗普的辩护论点保持一致。

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原文

US District Court Judge Aileen Cannon has dismissed Donald Trump's classified documents case, ruling that the appointment of Special Counsel Jack Smith was unconstitutional.

"The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers," Cannon wrote in her decision. "He can be appointed and confirmed through the default method prescribed in the Appointments Clause, as Congress has directed for United States Attorneys throughout American history."

"Dismissal of this action is the only appropriate solution for the Appointments Clause violation."

The ruling comes after Judge Cannon had indefinitely postponed the trial, and followed a May hearing in which Trump and co-defendant Walt Nauta argued that the Justice Department’s Special Counsel’s Office decision to prosecute the valet was “both selective and vindictive.”

In a statement on Truth Social, Trump wrote: "As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts," adding "The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!"

The ruling marks another blockbuster legal victory for Trump, following the Supreme Court's July 1 ruling that the former president has immunity from prosecution for many of his actions in office.

According to Reuters, prosecutors are likely to appeal the ruling, as courts in other cases have repeatedly upheld the ability of the DOJ to appoint special counsels for politically sensitive investigations.

But Cannon’s ruling throws the future of the case, which once posed serious legal peril for Trump, into doubt. Smith is also prosecuting Trump in federal court in Washington over his attempts to overturn the 2020 election, but his lawyers have not made a similar challenge to the special counsel in that case.

In the documents case, Trump was indicted on charges that he willfully retained sensitive national security documents at his Mar-a-Lago social club after leaving office and obstructed government efforts to retrieve the material.

Trump's attorneys challenged the legal authority of Biden AG Merrick Garland's 2022 decision to appoint Smith - arguing that the appointment violated the Constitution because his office was not created by Congress, nor was Smith confirmed by the Senate.

Meanwhile, Supreme Court Justice Clarence Thomas also boosted Trump's challenge - directly questioning the constitutionality of Smith's appointment. Thomas used similar arguments to those made by Trump's legal team.

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