DAILY CALLER NEWS FOUNDATION—A judge’s ruling that the appointment of special counsel Jack Smith was “unconstitutional” almost inevitably will end up before the Supreme Court, potentially dooming Smith’s Jan. 6 case against former President Donald Trump along with the classified documents case that the judge tossed.
Judge Aileen Cannon ruled that Attorney General Merrick Garland, President Joe Biden’s appointee, didn’t have the authority to name Smith, a private citizen who wasn’t appointed by the president nor confirmed by the Senate, to prosecute the classified documents case against Trump.
Cannon’s decision Monday to dismiss the classified documents case—which comes just weeks after the Supreme Court agreed that former presidents have immunity for official acts committed in office—is good news for Trump. It won’t be limited to the…
