The judicial system just got a major shake-up, courtesy of Florida, and Alexander Smirnov couldn’t be happier. In a twist that makes for some riveting courtroom drama, a judge unexpectedly tossed out former President Donald Trump’s case involving classified documents. This decision, which called into question the legality of a special counsel’s appointment, has paved the way for Smirnov to ask for his own criminal case to be dismissed.
Smirnov’s legal team wasted no time, filing a motion arguing that special counsel David Weiss was unlawfully appointed. According to them, the appointment of Weiss breaches not just the Appointments Clause but also the Appropriations Clause of the U.S. Constitution. They were clearly inspired by Judge Aileen Cannon’s bold move to drop 40 charges against Trump, all because another special counsel, Jack Smith, was deemed unlawfully appointed.
Ex-FBI informant Smirnov asks judge to follow Cannon’s lead and toss case https://t.co/ai02F39NQh
— Washington Examiner (@dcexaminer) July 17, 2024
In their quest for dismissal, Smirnov’s attorneys didn’t just cry foul over Weiss’s appointment. They pointed out that Weiss’s office wasn’t properly funded through Congress—an oversight that screams unconstitutional. Apparently, Assistant U.S. Attorneys need to follow the money trail a bit more closely.
The prosecution against Smirnov alleges that he fabricated information to tarnish the Biden family’s reputation and potentially sway the 2020 election against President Joe Biden. Smirnov, an FBI informant since 2010, found himself in hot water when charges were filed against him in February. But with this new twist involving Weiss’s appointment, his attorneys sniff an opportunity for a clean exit.
Weiss was appointed by Attorney General Merrick Garland to spearhead the ongoing investigation into Hunter Biden after a failed plea deal in August 2023. Smirnov’s indictment seemed to be a byproduct of this inquiry, but now it appears the very basis of Weiss’s authority is under threat. Hunter Biden himself tried to get his cases tossed for similar reasons but found no luck with different judges.
Judge Cannon’s decision to dismiss Trump’s case could topple the house of cards on other special counsel appointments. By ruling that both Congress and the executive branch must be involved in such appointments, Cannon has opened a Pandora’s box that could potentially undermine other investigations, including those conducted by Weiss and Robert Hur, who is looking into Joe Biden’s classified material handling.
While Jack Smith’s team is scrambling to appeal Judge Cannon’s ruling, Smirnov’s camp is gearing up for their day in court, hoping for a similar stroke of judicial luck. This case clearly has the potential to send shockwaves across the judicial landscape, and if Smirnov plays his cards right, he might just walk away unscathed.