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

美国地方法院法官艾琳·坎农在最近的裁决中宣布,在特朗普机密文件案中任命特别检察官杰克·史密斯违宪。 她表示,特别检察官的职位将立法权转移给部门负责人,可能会破坏权力分立原则。 坎农法官辩称,如果通过美国检察官宪法规定的常规程序来任命和确认特别检察官,本可以合法地任命和确认。 结果,她下令立即驳回此案。 这一进展是在之前的审判延迟之后发生的,并且源于指控参与调查的一名代客的决定是政治性的。 法官的裁决发布在真相社会网站上,表明这可能标志着驳回针对前总统的其他正在进行的调查的开始。 特朗普发推文称,这是另一场重大胜利,强调结束司法系统武器化和恢复美国团结的重要性。 法院的裁决可能会为该案的进一步上诉和法律挑战铺平道路,而特​​别顾问史密斯将继续追查另一起涉及特朗普试图干预 2020 年总统选举结果指控的案件。 除了质疑史密斯任命的合法性外,特朗普的法律团队还辩称,拜登总统的司法部长梅里克·加兰缺乏必要的权力来进行此类任命,因为国会授权不足且参议院未对史密斯进行确认。 最后,值得注意的是,美国最高法院此前曾裁定特朗普享有总统任期内某些行为的豁免权。

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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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