Judge Cannon's Order Buys Time, But it Does Not Hold Up

Photo by Sue Winston on Unsplash

Many were stunned at the news that Judge Aileen Cannon dismissed the indictment against Trump related to him taking classified documents and keeping them in his Mar-a-Lago home. The order is 96 pages, but for that length it is shockingly lacking in substance.

The Order

Judge Cannon’s order was based on the Appointments Clause and the Appropriations Clause. However, Judge Cannon did not reach any conclusions on the Appropriations element because she deemed the Appointments Clause “violation” sufficient to justify the dismissal of the indictment against Trump.

The Appointments Clause is in Article II, Section 2, Clause 2 of the U.S. Constitution reads:

[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he 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, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Cannon said in her Order that the President did not appoint Jack Smith as independent counsel, so this provision was violated. However, you may notice that last sentence that Heads of Departments can appoint “inferior Officers.”

These inferior Officers are appointed all the time within the government. For example, each government agency hires people, but you know that not every federal government employee goes through an entire appointment by the President and confirmation by the Senate process. Same for promotions, moving assignments, etc. Otherwise, it would be a complete clown show.