The Facts

• US Judge Aileen Cannon ruled Monday that the Justice Department's (DOJ) appointment of Jack Smith as a special counsel to probe former Pres. Donald Trump's handling of classified documents was "unlawful" and she dismissed the case.US Judge Aileen Cannon ruled Monday that the US Dept. of Justice's (DOJ) appointment of Jack Smith as a special counsel to probe former Pres. Donald Trump's handling of classified documents was "unlawful" and she dismissed the case.

• Cannon ruled that Smith's appointment violated the Constitution's "Appointments Clause," which requires the appointments of "Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States" to be confirmed by the Senate.

• She added that none of "the statutes cited by the Special Counsel" gives the attorney general "authority to appoint a Special Counsel like Smith, who does not assist a United States Attorney but who replaces the role of United States Attorney within his jurisdiction."She added that none of the "statutes cited by the Special Counsel" gives the attorney general the "authority to appoint a Special Counsel like Smith, who does not assist a United States Attorney but who replaces the role of United States Attorney within his jurisdiction."