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Democrats were furiously reeling Monday over a federal court’s decision to toss out the classified-documents case against Donald Trump — and demanded that the judge get the boot.

Florida jurist Aileen Cannon handed Trump a huge win by saying special prosecutor Jack Smith was illegally appointed by US Attorney General Merrick Garland to prosecute the case.

“This breathtakingly misguided ruling flies in the face of long-accepted practice and repetitive judicial precedence,’’ Senate Majority Leader Chuck Schumer (D-NY) fumed in a statement. “It is wrong on the law and must be appealed immediately.

“This is further evidence that Judge Cannon cannot handle this case impartially and must be reassigned,” he said.


  Special counsel Jack Smith has been unconstitutionally prosecuting Donald Trump in the former president’s illegal-documents case, a federal judge ruled Monday. REUTERS Special counsel Jack Smith has been unconstitutionally prosecuting Donald Trump in the former president’s illegal-documents case, a federal judge ruled Monday. REUTERS

Harvard law professor Laurence Tribe exploded on X, “Judge Cannon just did the unthinkable.

“She dismissed the Trump classified documents case on the repeatedly rejected basis that DOJ violated the Constitution’s Appointments Clause by appointing Special Counsel Smith at all!”

“DOJ must appeal right away,” Tribe urged. “This finally gives Jack Smith an opportunity to seek her removal from the case. I think the case for doing so is very strong.”

Hours later, Tribe went further and accused the US district judge of craven political opportunism in her ruling.

“Judge Cannon just submitted what is in effect her job application to be the first appointee to the Supreme Court in Trump’s possible second term when Justice Alito or Justice Thomas retires,” he wrote.

House Oversight Committee ranking member Jamie Raskin (D-Md.) also called for the ruling to be “reversed immediately.

“For a quarter-century, Attorneys General of both political parties have named special counsels to conduct the country’s most politically sensitive investigations,” Raskin said in a statement.

“Today, a federal trial judge, who has been on the bench for less than four years but has already been upbraided by her appellate court for egregious departures from the rule of law, has tried to vaporize this long-standing institutional practice in order to benefit the President who appointed her,” he seethed.

“Former President Trump’s actions require accountability—not the overthrowing of the Special Counsel on dubious constitutional grounds.”

But Republicans hailed the decision, with House Speaker Mike Johnson of Louisiana crowing, “This is good news for America and for the rule of law.


  “This is good news for America and for the rule of law,” House Speaker Mike Johnson (R-La.) said of the judge’s decision. Getty Images “This is good news for America and for the rule of law,” House Speaker Mike Johnson (R-La.) said of the judge’s decision. Getty Images

“House Republicans repeatedly argued that Special Counsel Jack Smith abused his office’s authority in pursuit of President Trump, and now a federal judge has ruled Smith never possessed the authority in the first place,” Johnson said.

“As we work to unify this country following the failed assassination attempt of President Trump, we must also work to end the lawfare and political witch hunts that have unfairly targeted President Trump and destroyed the American people’s faith in our system of justice.

“This development is a critically important step towards that goal.”


  The decision came two days after Trump, 78, was nearly felled by an assassin’s bullet during a campaign rally in Butler, Pa. AP The decision came two days after Trump, 78, was nearly felled by an assassin’s bullet during a campaign rally in Butler, Pa. AP

Monday’s ruling by Cannon, a Trump appointee, cited US Supreme Court Justice Clarence Thomas’ dissent in a now-famous high-court ruling July 1 on presidential immunity.

Thomas argued at the time that special counsel appointments could be unconstitutional because they do an end-run around Congress.

Still, Jim Trusty, who left Trump’s legal team shortly after Smith unsealed the indictment last year, told The Post in an exclusive interview Monday that the real “hero of the story” is Ed Meese, the 75th US attorney general under President Ronald Reagan.

The 92-year-old Meese and other lawyers filed an amicus brief in the federal court docket late last year arguing that Smith’s status as special counsel violated the Appointments Clause of the Constitution.


  Judge Aileen Cannon, a Trump appointee, had cited in her decision US Supreme Court Justice Clarence Thomas’ dissent in a July 1 ruling on presidential immunity that argued special counsel appointments could be unconstitutional. US District Court for the Southe/AFP via Getty Images Judge Aileen Cannon, a Trump appointee, had cited in her decision US Supreme Court Justice Clarence Thomas’ dissent in a July 1 ruling on presidential immunity that argued special counsel appointments could be unconstitutional. US District Court for the Southe/AFP via Getty Images

“Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor,” the lawyers stated in their December 2023 brief.

“Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos,’’ they said.

Trusty said, “When we got rid of the independent counsel statute, Congress never created a parallel special counsel statute that jives with the Appointments Clause.

“One of the reasons [Smith] appeared to have so much authority is because the attorney general hid behind him,” he said of Merrick, who claimed he wanted to appoint a special prosecutor to give more of an appearance of impartiality.


  The case involved hordes of classified documents that Trump allegedly stashed at his Mar-a-Lago estate in Florida after he left office. AP The case involved hordes of classified documents that Trump allegedly stashed at his Mar-a-Lago estate in Florida after he left office. AP

  US Attorney General Merrick Garland (center) appointed Smith to the case. REUTERS US Attorney General Merrick Garland (center) appointed Smith to the case. REUTERS

  The ruling is considered a major victory for Trump. AP The ruling is considered a major victory for Trump. AP

  The former president is set to secure the GOP presidential nomination this week. REUTERS The former president is set to secure the GOP presidential nomination this week. REUTERS

Judge Cannon also said the feds erred by not going through Congress to approve the cost of the prosecution of Trump over his alleged mishandling of classified documents.

The Justice Department has spent at least $24 million on the case to date, making the indictment “a colossal waste” in light of Monday’s decision, according to Trusty.

The former Trump attorney predicted Smith would appeal the decision.

But “no matter what: This case isn’t getting tried before November,” Trusty concluded.

Reps for Smith and the Trump legal team did not respond to requests for comment.

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