Matt Gaetz lowered the boom on Jack Smith with this brutal takedown
Jack Smith is still holding out hope he can put Donald Trump on trial before the election.
But his luck is about to run out.
And Matt Gaetz lowered the boom on Jack Smith with this brutal takedown.
Jack Smith’s case against Donald Trump dismissed
The lawfare began against former President Donald Trump in August 2022 with an unannounced FBI raid on his Mar-a-Lago property over alleged classified documents.
Attorney General Merrick Garland appointed Special Counsel Jack Smith, a hack from the Obama Justice Department, in November 2022.
Smith has been racing to get the classified documents trial started against Trump before the election.
Now his witch hunt has ended at the hands of the judge presiding over the case.
Florida District Court Judge Aileen Cannon dismissed the classified documents case against Trump because Smith was illegally appointed.
Trump’s legal team challenged the constitutionality of Smith’s appointment as Special Counsel.
Cannon agreed and dismissed the case because Smith’s appointment violated the Constitution’s Appointment Clause.
“Both the Appointments and Appropriations challenges as framed in the Motion raise the following threshold question: is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution?” Cannon wrote. “After careful study of this seminal issue, the answer is no.”
Smith was a private citizen when he was appointed Special Counsel and was never confirmed by the Senate.
“and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments,” reads the Appointments Clause text.
U.S. Attorneys require Senate confirmation and they have far less power than Smith’s office.
Smith has nationwide jurisdiction, while U.S. Attorneys are only responsible for a region.
And the Special Counsel’s office budget dwarfs any U.S. Attorney.
Smith was also booted because Congress never passed a law creating the Special Counsel position or funded it.
Smith vowed to appeal the ruling, but he faces an uphill battle to win in a case that could eventually wind up in front of the Supreme Court.
Matt Gaetz and conservatives celebrate Jack Smith’s smackdown
Representative Matt Gaetz (R-FL) praised Judge Cannon for dismissing the case.
“I applaud Judge Aileen Cannon’s decision dismissing the Trump documents case in federal court in the free State of Florida,” Gaetz wrote on X. “Her decision confirms what all of us knew already—that Jack Smith was unlawfully appointed, and his political persecutions of President Trump are entirely invalid.”
“Private citizen Jack Smith is not an employee of the Department of Justice and should immediately shut his offices and stop illegally spending taxpayer money,” Gaetz added.
Smith is now left clinging to his January 6 case that has almost no chance of beginning before the election.
Democrats made a big bet on lawfare defeating Donald Trump before the election.
Now they will have to beat him at the ballot box instead of in a courtroom.
DeSantis Daily will keep you up-to-date on any new developments in this ongoing story.
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