Judge Aileen Cannon ruled that special counsel Jack Smith's appointment 'breaches two structural cornerstones of our constitutional scheme' because Congress did not authorize Smith's appointment and funding.
"Special prosecutors like Smith have been the norm for decades," said Pace University School of Law professor Bennett Gershman. "It's never been held by the court in any of these cases that the special prosecutor had to be first created by Congress before the President."
"I'm sure that Jack Smith will ... seek an expedited appeal," said former federal prosecutor Josh Naftalis. "This is probably another Supreme Court case, for better or for worse."
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