A judge dismissed the documents case against former President Trump, ruling that the special counsel investigation was unlawful and unconstitutional.
The judge ruled that “Special Counsel Smith’s appointment violates the Appointment Clause of the United States Constitution.” This was made plain recently by Representative Thomas Massie in his questioning of Attorney General Merrick Garland.
The question was “whether private citizen Jack Smith lacks authority to represent the United States.” The judge ruled that he did in fact lack such authority since special counsels are supposed to be appointed by the President and Congress.
