Carol Platt Liebau: Donald Trump Can’t Stop Winning

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Donald Trump just can’t stop winning. He’s cheated death, and now the classified documents case Special Counsel Jack Smith brought in Florida has been dismissed.

US District Judge Aileen Cannon held that the special counsel’s prosecution was unconstitutional in two respects. First, Jack Smith is essentially a private citizen—no federal statute authorized his appointment by the attorney general, nor has he ever been subject to any sort of Senate approval. Second, he’s been free to spend money with little to no Congressional oversight, in contravention of Constitutional requirements.

Jack Smith will appeal the ruling to the 11th Circuit, and it will probably end up before the Supreme Court. To some, the decision may seem overly technical and legalistic. But the Constitution’s guardrails protect all of us from a government that could otherwise grow too powerful at the cost of our freedom.

The guardrails seem to be kicking in.

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