Sen. John Kennedy, R-La., commended Monday on Newsmax the decision by U.S. District Court Judge Aileen Cannon to dismiss the classified documents case brought against former President Donald Trump by President Joe Biden's Department of Justice (DOJ).
Cannon ruled that the case brought by DOJ special counsel Jack Smith violates the Appointments and Appropriations clauses of the Constitution. In a 93-page opinion issued earlier Monday, Cannon, who was appointed by Trump, determined Smith's appointment as special counsel was improper because it was not based on a specific federal statute, he had not been named to the post by the president or confirmed by the Senate, and he had been improperly funded by the Treasury Department.
"I've read about 40% of [Cannon's decision]," Kennedy, a member of the Senate Judiciary Committee, told "The Record With Greta Van Susteren" at the Republican National Convention in Milwaukee. "It's a very thoughtful opinion.
"Judge Cannon said, 'Look, what the attorney general did in appointing Mr. Smith violates Article I, the Appropriations Clause; Article II, the Appointments Clause.' She turned to the Department of Justice and said, 'Show me a statute that gives the attorney general the authority to do this and show me an appropriation that shows he has the authority to spend the money.'
"And she concluded that the Justice Department couldn't do that. ... It will go next to the 11th [U.S.] Circuit [Court of Appeals]. Other courts have upheld the authority of the attorney general to do this, but there's clearly a split, and my guess is it will go to the to the Supreme Court."
Kennedy said he expects some will criticize Cannon's decision as being hastily made but that with the ruling being 93 pages, it's not like she was "shooting from the hip."
"It's not a cavalier decision," he said. "It's a 93-page opinion. It's very well-written. ... She said, 'Look, an average U.S. attorney has to be nominated by the president pursuant to a statute and confirmed by the Senate. Here we have a special counsel, which has enormous power, much more power than an average U.S. attorney, who was not nominated by the president. He basically was appointed by the attorney general and was not confirmed by the Senate.' And then she said, 'Where's the appropriation?' And [Congress] never appropriated money for it.
"So it will be portrayed by some as shooting from the hip, but it's a 93-page opinion. And it's pretty well-written, based on the part I've read."
About NEWSMAX TV:
NEWSMAX is the fastest-growing cable news channel in America!
- Find Newsmax channel in your home via cable and satellite systems – More Info Here
- Watch Newsmax+ on your home TV app or smartphone and watch it anywhere! Try it for FREE -- See More Here: NewsmaxPlus.com