Judge Cannon rules Jack Smith’s Appointment as Special Counsel is Unconstitutional!
Judge Cannon’s decision ensures that efforts by politically motivated actors to violate bedrock constitutional principles like separation of powers will not go unanswered. Her decision is a win for the rule of law.
In a nutshell, Judge Cannon concludes that Smith’s appointment violates the Appointments Clause of the United States Constitution and Smith’s use of a permanent indefinite appropriation violates the Appropriations Clause. There is no statute authorizing the appointment of a Special Counsel to conduct this prosecution. Jack Smith functions as a United States Attorney without being subject to the appointment and confirmation process mandated by the Constitution.
Judge Cannon has correctly ruled that Attorney General Garland’s appointment of Jack Smith as Special Counsel is unconstitutional. She makes this ruling after giving serious consideration to the issues presented by President Trump’s team and amicus curiae including Seth Tillman and Landmark Legal Foundation.
Landmark’s brief, authored by renowned constitutional scholar Josh Blackman, is available here.
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Landmark Legal Foundation is a national non-profit that upholds the Constitution and our founding principles through legal advocacy and education. Landmark advances an “originalist” approach to the Constitution — that the words in the Constitution mean what they meant at the Founding — and defends our nation’s bedrock principle of liberty.
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Landmark’s roots can be found in the Reagan Revolution. Ronald Reagan’s Administration was one of the most effective presidencies of the 20th century. It changed the trajectory of American history by confronting the Communist bloc abroad and challenging the liberal orthodoxy of domestic policy at home.
President Reagan’s second Attorney General of the United States, Edwin Meese III, implemented Reagan’s vision at the Department of Justice. Ed Meese, who is a long-serving member of Landmark’s board of directors, promoted constitutional originalism, individual rights, and free markets. The Reagan Revolution’s impact on the law and the judiciary is still felt today.
After the Administration, Attorney General Meese and many of his top aides like Mark Levin- the guiding lights of the Reagan Department of Justice- came to Landmark to serve in leadership positions.
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