Justice Department to appeal after judge dismisses Trump's classified documents case

July 15 (UPI) -- A federal judge in Florida dismissed the classified documents case against former President Donald Trump on Monday, and hours later the Justice Department authorized an appeal.

U.S. District Court Judge Aileen Cannon granted Trump's dismissal of the case, ruling the appointment of special counsel Jack Smith violates the Appointments Clause of the Constitution, according to court documents .

Cannon, in her 93-page decision, raised questions about the "broad power" given to Smith. She noted that as of September 2023, Smith has recorded more than $12.8 million in direct expenses from what Cannon called an "indefinite appropriation. She added that there is no supervisor over Smith.

Cannon also argued that the Appointments Clause gives Congress a larger role in the appointment of a special counsel.

"The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere," Cannon wrote. "In the end, it seems the Executive's growing comfort in appointing 'regulatory' special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny."

Cannon's decision echoes the adjoining opinion of Supreme Court Justice Clarence Thomas , who earlier this month suggested Smith's appointment was improper . Thomas' adjoining opinion was written in the decision of an unrelated case to determine to what extent presidential immunity protects Trump from prosecution.

"A private citizen cannot criminally prosecute anyone, let alone a former president," Thomas wrote.

Smith's appeal will go to the 11th Circuit U.S. Court of Appeals and, possibly, could go to the Supreme Court.

"The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel," Peter Carr , spokesman for Smith's office, said in a statement.

"The Justice Department has authorized the Special Counsel to appeal the court's order."

Smith's appeal will first go to a three-judge panel on the 11th U.S. Circuit Court of Appeals, though the issue could ultimately end up before the Supreme Court.

Senate majority leader Chuck Schumer , of New York, released a statement on Cannon's ruling: "This breathtakingly misguided ruling flies in the face of long-accepted practice and repetitive judicial precedence. It is wrong on the law and must be appealed immediately. This is further evidence that Judge Cannon cannot handle this case impartially and must be reassigned."

"From the outset, the Attorney General and Special Counsel have ignored critical constitutional restrictions on the exercise of the prosecutorial power of the United States."

Trump attorney Christopher Kise praised Cannon's decision.

"Judge Cannon today restored the rule of law and made the right call for America," Kise said in a statement. "From the outset, the Attorney General and Special Counsel have ignored critical constitutional restrictions on the exercise of the prosecutorial power of the United States."

Smith was appointed in November 2022 by Attorney General Merrick Garland to lead the investigation and ensuing prosecution of Trump for allegedly mishandling and refusing to turn over classified documents, including documents related to national security, found at his Mar-a-Lago estate in Palm Beach. Trump was indicted on 37 felony charges.

Smith also serves as special counsel in the Washington case against Trump over his role in attempting to overturn the results of the 2020 election and in the Jan. 6, 2021, insurrection at the U.S. Capitol.

In that case, U.S. District Judge Tanya Chutkan hasn't ruled on the special counsel issue.