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“The relevant history, according to Special Counsel Smith, shows that Congress tacitly authorized—or silently acquiesced to—the use of Section 515 (or its predecessor statutes) to appoint ‘special attorneys’ like himself,” Cannon wrote. “Upon review of the murky historical record, the Court determines that, whatever themes can be drawn from that background, they cannot supplant the plain language of the statute itself, which clearly does not vest the Attorney General with such authority.”
She added, “The lack of consistency makes it near impossible to draw any meaningful conclusions about Congress’s approval of modern special counsels like Special Counsel Smith—much less its acquiescence to Section 515 as a vehicle for such appointments.”
Appeals Court Decision Adds a Twist
Smith’s resignation follows an Atlanta-based federal appeals court decision on Thursday, which allowed the partial release of Smith’s final report. The report allegedly details his investigation and prosecution of Trump, a leading presidential contender. However, the 11th Circuit Court denied efforts by Trump aides Walt Nauta and Carlos de Oliveira to block portions of the report. Notably, the court also granted Smith’s request to remove Trump’s name from the case following his re-election, though other charges against Nauta and de Oliveira are under appeal.
The appeals court’s decision highlighted the contentious nature of Smith’s investigation, particularly regarding its constitutional foundation and the handling of evidence. Critics of Smith’s actions argue that the cases were politically motivated and lacked substantial legal grounding.
Trump’s Document Case and FBI Raid
The most controversial aspect of Smith’s tenure was the classified documents case involving Trump. Despite Trump’s legal team maintaining constant communication with the National Archives, FBI agents conducted an unprecedented raid on Trump’s Mar-a-Lago residence. Critics have blasted the raid as a politically charged “photo op,” with agents allegedly staging classified document folders to create a sensationalized image.
Trump’s legal team has consistently asserted that the documents were declassified before he left office and were stored in a secure, locked room under surveillance.
“At most, this was a procedural disagreement, not a criminal act,” one legal expert noted. “The raid’s optics were more about headlines than hard evidence.”
Adding to the controversy, a separate special counsel declined to file charges against President Joe Biden for a similar issue, sparking allegations of unequal treatment under the law.
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Final Thoughts
Smith’s resignation marks the end of a tumultuous chapter for the DOJ, raising serious questions about its impartiality and adherence to constitutional principles. As the fallout continues, Trump’s re-election has shifted the political landscape, leaving the DOJ’s credibility under intense scrutiny.
With Judge Cannon’s pointed critique and a federal appeals court’s mixed rulings, the legal and political ramifications of Smith’s actions will likely reverberate for months to come. One thing is clear: this battle over the rule of law is far from over.
