Photo: Drew Angerer / Getty Images News / Getty Images
As expected, Special Counsel Jack Smith has officially appealed the decision by a federal judge in Florida to dismiss the classified documents case against former President Donald Trump.
“The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers,” Cannon wrote in a 93-page ruling.
“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”
The ruling would be reviewed by judges from the 11th US Circuit Court of Appeals based in Atlanta.