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.