Special counsel appointment in Trump documents case ‘usurps’ congressional powers, judge rules
From CNN's Hannah Rabinowitz and Devan Cole
Judge Aileen Cannon said in her order that the special counsel’s position “effectively usurps” Congress’ “important legislative authority” by giving the executive branch, specifically the Justice Department, the power to appoint an official like Jack Smith.
She concluded that, “Adopting the position of the Special Counsel allows any Attorney General, without Congressional input, to circumvent this statutory scheme and appoint one-off special counsels to wield the immense power of a United States Attorney.”
“If the political branches wish to grant the Attorney General power to appoint Special Counsel Smith to investigate and prosecute this action with the full powers of a United States Attorney, there is a valid means by which to do so,” she wrote.
“He can be appointed and confirmed through the default method prescribed in the Appointments Clause, as Congress has directed for United States Attorneys throughout American history, or Congress can authorize his appointment through enactment of positive statutory law consistent with the Appointments Clause,” the judge said in her order.
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