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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Never miss an update from Landmark Legal Foundation as we continue the fight to
preserve America’s principles and defend the Constitution from the radical left.

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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Michael O’Neil blows up the Left wing hysteria over the supreme court decision in Trump immunity.
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Landmark Argues in Trump Florida Documents Case

Landmark Argues in Trump Florida Documents Case

On Friday, June 21, Judge Aileen Cannon held oral arguments on the motion submitted by Donald Trump to dismiss Special Counsel Jack Smith’s indictment on the grounds that Jack Smith was unconstitutionally appointed. Uniquely, Judge Cannon provided three amici the...

Landmark Legal Foundation’s Statement on Moore v. United States

Landmark Legal Foundation’s Statement on Moore v. United States

Today, in Moore v. United States, the Supreme Court fumbled an important tax case that would have made wealth tax schemes harder for Congress to pass. Justice Brett Kavanaugh’s majority opinion avoided the legal question presented to them: whether the Sixteenth...

Biden to Create Pathway to Citizenship for Hundreds of Thousands

Biden to Create Pathway to Citizenship for Hundreds of Thousands

President Biden seems intent on alleviating the pressure he has faced from the radical left after his recent asylum restrictions. On June 18, the Biden Administration announced a new set of executive actions permitting an estimated half million illegal immigrants to...

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President_Ronald Reagan meeting with Ed Meese

Edwin Meese meeting with President Ronald Reagan in the Oval Office.

A Strong
Conservative Heritage

Defending liberty and the Constitution Since 1976

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.

We are proud of this legacy and maintain it by bringing their traditional conservative approach to the issues of the day.

Mark Levin, Landmark’s chairman of the board

President Trump awards Presidential Medal
of Freedom to Edwin Meese.

Former Senator and Missouri governor Kit Bond, an early president of Landmark Legal Foundation.

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