https://www.courtlistener.com/docket/67490069/672/united-states-v-trump/
Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful
Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this
Order [ECF No. 326]. The Superseding Indictment is DISMISSED because Special Counsel
Smith’s appointment violates the Appointments Clause of the United States Constitution. U.S.
Const., Art. II, § 2, cl. 2. Special Counsel Smith’s use of a permanent indefinite appropriation also
violates the Appropriations Clause, U.S. Const., Art. I, § 9, cl. 7, but the Court need not address
the proper remedy for that funding violation given the dismissal on Appointments Clause grounds.
The effect of this Order is confined to this proceeding.