Garland Comments on Court's Dismissal of Trump Documents Case

Attorney General Merrick Garland has openly criticized a recent federal judge's decision to dismiss the classified documents case against former President Donald Trump, led by Special Counsel Jack Smith. The dismissal, ruled by District Court Judge Aileen Cannon of Florida, was based on the argument that Garland's appointment of Smith as special counsel was unconstitutional due to the lack of congressional approval.

During an interview with NBC News, Garland defended his actions, asserting, “For more than 20 years, I was a federal judge. Do I look like someone who would make that basic mistake about the law? I don’t think so.” He maintained that Smith's appointment followed established legal procedures and vowed to challenge the dismissal.

Smith has already taken steps to appeal Judge Cannon's ruling. The Eleventh Circuit Court of Appeals, based in Atlanta, has scheduled an August 27 deadline for the special counsel to submit an opening brief. Garland emphasized, “Our position is that it’s constitutional and valid. That’s why we appealed.”

Garland further explained that the method used to appoint Smith was consistent with previous administrations. He referenced past special counsels such as John Durham and Robert Mueller, noting the continuity of this process since the Watergate scandal in the 1970s. “Till now, every single court, including the Supreme Court, that has considered the legality of a special counsel appointment has upheld it,” Garland stated.

Judge Cannon, who was appointed by Trump, dismissed the case on the grounds that Smith's appointment violated the Appointments Clause of the U.S. Constitution. She argued that the clause is “a critical constitutional restriction stemming from the separation of powers, and it gives Congress a considered role in determining the propriety of vesting appointment power for inferior officers.” Cannon contended that the special counsel's role encroaches on legislative authority by transferring appointment power to a department head, thereby threatening the separation of powers.

Trump, who has pleaded not guilty to charges related to the willful retention of classified documents and obstruction, responded positively to the ruling. On Truth Social, he remarked, “This dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts.”

While pursuing his 2024 presidential campaign, Trump is simultaneously grappling with multiple legal challenges. These include a 2020 election case spearheaded by Smith in Washington, D.C., and efforts to overturn a conviction in a New York hush-money case.

Garland's firm stance and the subsequent appeal underscore the complexity and high stakes involved in this legal battle. As the appeals process unfolds, it will be closely watched for its implications on the balance of power and the future of special counsel appointments.

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