FACT CHECK: Did The Marines Arrest Jack Smith?

A post shared on social media purports that the Marines have arrested special council Jack Smith. Marines Arrest Jack Smith 15 July 2024 #RRN  Special counsel Jack Smith was arrested by U.S. Marines Monday morning minutes after Judge Aileen Cannon dismissed the federal criminal case against Donald Trump charging him with hoarding national security secrets at […]

Judge In Docs Case Throws Out DOJ’s Lawfare Against Trump, Rules Jack Smith’s Appointment Unconstitutional

Cannon ruled Smith's appointment violates the Appointments Clause and granted the motion to dismiss the indictment against Trump.

Trump documents case dismissed by district judge

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A district judge in Florida has dismissed the documents case against former President Donald Trump, ruling that the "appointment and funding" of special counsel Jack Smith was "unlawful" because it sidestepped Congress.

The case relates to allegations that Trump took classified records stemming from his time in the White House and stored them at his Mar-a-Lago residence, which was later raided by federal agents. He also allegedly refused to hand the documents over to investigators who demanded them.

'The Court is convinced that Special Counsel’s Smith’s prosecution ... breaches two structural cornerstones of our constitutional scheme — the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law.'

A year ago, Trump was indicted on federal charges related to allegedly mishandled classified documents and requests that surveillance footage of the raid on his home be deleted.

On Monday, about 36 hours after Trump was wounded during an assassination attempt at a rally in Pennsylvania, Judge Aileen Cannon of the U.S. District Court of Southern Florida granted Trump's motion to dismiss the classified documents case.

Cannon ruled that "Special Counsel Smith’s appointment" and his "use of a permanent indefinite appropriation" both violate the Constitution. "The Court is convinced that Special Counsel’s Smith’s prosecution ... breaches two structural cornerstones of our constitutional scheme — the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law," she wrote.

Cannon additionally addressed special counsels more generally, claiming that the Executive Branch has lately appointed such prosecutors with "growing comfort." She also claimed these prosecutors are rarely subjected to "judicial scrutiny."

According to ABC News, prosecutors can appeal Cannon's ruling. In fact, Smith can still file a motion to remove Cannon from presiding over the case since she has, in the outlet's view, a "pattern of unusually favorable rulings that have benefited Trump and raised the eyebrows of legal experts across the political spectrum."

A spokesperson for the special counsel did not immediately respond to a request for comment from ABC News.

This is a developing story. Tune into Blaze News for further updates.

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Federal Judge Tosses Trump Classified Docs Case

A federal judge granted a motion to dismiss the classified documents case against former president Donald Trump. "Upon careful study of the foundational challenges raised in the motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of […]

The post Federal Judge Tosses Trump Classified Docs Case appeared first on .

Trump's attorneys argue 'unlawful funding' of special counsel in classified docs case — Jack Smith seeks gag order

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United States District Judge Aileen Cannon for the Southern District of Florida heard arguments on Monday from former President Donald Trump's legal team regarding U.S. Special Counsel Jack Smith's appointment to the classified documents case.

During the hearing, Trump's attorney Emil Bove accused the special counsel of "unlawful funding" of Smith, Fox News Digital reported. Additionally, the defense claimed that the special counsel effectively has an infinite budget to prosecute Trump.

'I don’t appreciate your tone.'

Cannon considered a motion on Monday from Trump's team to dismiss the case. Bove claimed that the funding used by Smith's special counsel is not authorized by statute and poses a separation of powers issue.

Former Assistant U.S. Attorney Andy McCarthy told Fox News that the defense's arguments that Smith was unlawfully appointed by U.S. Attorney General Merrick Garland are "very substantial."

"Attorney General Garland has said from the beginning that he doesn't supervise Jack Smith," McCarthy stated. "The whole point of appointing Smith was to try to create some distance between President Biden and the Biden administration, including the Biden Justice Department, and the prosecutions of Trump. I've always thought that was a fiction, but the fact of the matter is the Attorney General has said he's not doing the very thing that the special counsel now says he is doing, which is overseeing Smith."

The Smith team requested that Cannon modify the conditions of Trump's release by imposing a gag order against the former president. The prosecution cited Trump's comments about the Federal Bureau of Investigation's raid of Mar-a-Lago. Prosecutors argued that Trump's comments on social media could put FBI agents in danger.

One of the social media posts read, "Crooked Joe Biden's DOJ, in their Illegal and UnConstitutional Raid of Mar-a-Lago, AUTHORIZED THE FBI TO USE DEADLY (LETHAL) FORCE."

Trump's attorney Todd Blanche noted that Trump's accusations were directed not at the FBI but at President Joe Biden.

The FBI has stated that its authorization to use force is commonly included in search warrants.

During the hearing, Cannon reprimanded prosecutor David Harbach for his tone.

“I don’t appreciate your tone,” she said. Cannon told Harbach that she would "appreciate decorum at all times," and added, "If you aren't able to do that, I'm sure one of your colleagues can take up arguing this motion."

Cannon also reprimanded Harbach for referencing other gag orders against Trump but not bringing them to court.

"I didn't mean to be unprofessional. I'm sorry about that," Harbach apologized to Cannon.

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Court Docs Show Pics From Mar-A-Lago Raid Were Part Of Media Stunt

The FBI purchased glossy cover sheets to use in photos of authorities' unprecedented raid of former President Donald Trump.

Corporate Media Vilify Judge Aileen Cannon For Doing Her Constitutional Duty

Cannon has not violated her oath to ‘administer justice.’ On the contrary, she’s the only judge using the Constitution to combat lawfare.