https://www.spiked-online.com/2024/07/16/the-lawfare-against-trump-is-falling-apart/
It has been a truly crazy few days in the American political news cycle. While nothing could quite top former president Donald J Trump dodging an actual bullet, which clipped the top of his ear at a campaign rally in Pennsylvania on Saturday, on Monday he dodged a huge legal bullet as well.
Florida judge Aileen Cannon dismissed perhaps the most serious federal charges that Trump faced – 40 felony counts for possession and destruction of classified documents. This included crimes under the Espionage Act and the ‘willful retention of national-defence information; conspiracy to obstruct justice; false statements and representations’. ‘Each of the more than 30 willful-retention counts carry a maximum 10-year sentence’, the Associated Press reported back in April.
Judge Cannon’s bombshell ruling was a rebuke to the Biden Justice Department and attorney general Merrick Garland. Her decision centred around funding and oversight of the Special Counsel, an office originally constituted by congressional act following Watergate.
‘Cannon chose to dismiss the federal case because Garland unlawfully appointed [special counsel Jack] Smith, whom the president did not nominate nor did the Senate confirm for his prosecutorial position. Moreover, Congress did not appropriate funds to Smith’s investigation as required under federal law’, the National Review explains. At the heart of the matter is who has the authority to investigate federal crimes. By law, they must be ‘officers of the United States’, and that designation can only be given two ways – by being ‘nominated by the president and then confirmed by the Senate’ or ‘appointed to a position that “shall be established by law”’ – which is to say, by congressional statute’, as Andy McCarthy notes. Smith was not appointed via either of these democratic procedures.