• Economy
  • Editor’s Pick
Money Rise Today – Investing and Stock News
  • Investing
  • Stock
Editor's Pick

Special counsel Jack Smith appeals dismissal of Trump Mar-a-Lago case

by August 26, 2024
written by August 26, 2024

Special counsel Jack Smith on Monday appealed federal Judge Aileen Cannon’s ruling dismissing his classified records Mar-a-Lago case against former President Donald Trump, arguing that his appointment is valid. 

Cannon, the U.S. District Judge for the Southern District of Florida, last month dismissed Smith’s case against Trump, ruling that it violated ‘the Appointments Clause of the United States Constitution.’ 

Cannon said Smith’s appointment of special counsel was unconstitutional. 

But Smith appealed Monday. 

‘The Attorney General validly appointed the Special Counsel, who is also properly funded,’ the filing states. ‘In ruling otherwise, the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels.’ 

Smith also argues that he was ‘properly funded through the congressionally enacted ‘permanent indefinite appropriation’ to ‘pay all necessary expenses of investigations and prosecutions by independent counsel appointed pursuant to” U.S. code. 

The Appointments Clause says, ‘Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments.’ 

Smith, however, was never confirmed by the Senate.

‘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 decision last month. 

‘The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere – whether in this case or in another case, whether in times of heightened national need or not,’ she continued.

‘In the case of inferior officers, that means that Congress is empowered to decide if it wishes to vest appointment power in a Head of Department, and indeed, Congress has proven itself quite capable of doing so in many other statutory contexts. But it plainly did not do so here, despite the Special Counsel’s strained statutory readings,’ Cannon added.

‘In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny,’ she said.

Trump had faced charges stemming from Smith’s investigation into his possession of classified materials at his Mar-a-Lago residence. He pleaded not guilty to all 37 felony counts from Smith’s probe, including willful retention of national defense information, conspiracy to obstruct justice and false statements. Trump pleaded not guilty to all charges. 

This is a developing story. Please check back for updates. 

This post appeared first on FOX NEWS
0 comment
0
FacebookTwitterPinterestEmail

previous post
3 years since bombing on Abbey Gate, Biden admin see consequences of ‘greatest foreign policy blunder’
next post
Israel warns US defense chief Iran aggression has ‘reached all-time high’

related articles

Hawley blasts FDA approval of new abortion drug,...

October 2, 2025

Trump’s DOGE savings dwarfed by Medicare, Social Security...

October 2, 2025

FLASHBACK: James Comey urged officials to always prosecute...

October 2, 2025

The agency staff Vought might recommend cutting and...

October 2, 2025

Reagan-appointed judge, once rebuked by Supreme Court, continues...

October 2, 2025

‘Real consequences’: Food aid, flood insurance, FEMA funds...

October 2, 2025

Trump must triple severely outdated nuke arsenal to...

October 2, 2025

White House says federal layoffs could hit ‘thousands’...

October 2, 2025

Johnson shuts door on negotiating shutdown deal as...

October 2, 2025

Democrats refuse to budge over Obamacare fight as...

October 2, 2025
Enter Your Information Below To Receive Free Trading Ideas, Latest News, And Articles.


Your information is secure and your privacy is protected. By opting in you agree to receive emails from us. Remember that you can opt-out any time, we hate spam too!

Latest News

  • US sanctions Palestinian Authority officials after rejecting global push to give it control of Gaza

    July 31, 2025
  • Trump admin to send workers abroad to boost US shipbuilding, counter China’s edge

    September 4, 2025
  • Musk to seek Tesla board approval for $5 billion investment in AI start-up xAI

    July 25, 2024
  • Some Juul users are receiving thousands of dollars as part of a $300M class action settlement

    October 22, 2024
  • Rand Paul clashes with top Democrat over CDC pushing vaccines on infants

    September 17, 2025

Popular Posts

  • 1

    Secret Service admits leaning on ‘state and local partners’ after claim it ignored Trump team’s past requests

    July 21, 2024
  • 2

    Five more House Democrats call on Biden to drop out, third US senator

    July 19, 2024
  • 3

    Elon and Vivek should tackle US funding for this boondoogle organization and score a multimillion dollar win

    December 4, 2024
  • 4

    Forex Profit Calculator: Maximize Your Trading Potential

    July 10, 2024
  • 5

    Biden calls to ‘lower the temperature’ then bashes Trump in NAACP speech

    July 17, 2024

Categories

  • Economy (829)
  • Editor's Pick (6,247)
  • Investing (634)
  • Stock (935)

Latest Posts

  • Trump pressures Republicans to pass a continuing resolution to avert a government shutdown

    September 16, 2025
  • ‘What a disgrace’: Trump taunts McConnell’s endorsement as GOP Senate leader race looms

    November 4, 2024
  • Trump gives one-word response when asked if he is reconsidering Matt Gaetz’s AG nomination

    November 20, 2024

Recent Posts

  • Trump had very unexpected convo with Obama at Carter’s funeral: Book

    July 10, 2025
  • Google faces cease and desist in Japan over Android search monopoly concerns

    April 15, 2025
  • Harris VP pick spent years promoting research facility that collaborated with ‘Chinese military company’

    August 29, 2024

Editor’s Pick

  • Trump signs executive orders bolstering nuclear industry, domestic uranium mining

    May 23, 2025
  • Trump’s ‘two sexes’ order spurs state-level efforts to crack down on trans treatments for minors

    February 14, 2025
  • Club for Growth pours $5M into tight House races as GOP braces for tough election

    September 4, 2024
  • About us
  • Contacts
  • Privacy Policy
  • Terms & Conditions

Disclaimer: moneyrisetoday.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

Copyright © 2025 moneyrisetoday.com | All Rights Reserved

Money Rise Today – Investing and Stock News
  • Economy
  • Editor’s Pick
Money Rise Today – Investing and Stock News
  • Investing
  • Stock