 In dismissing the case, Judge Cannon, who was named to the bench by Trump, said that Smith's appointment by Attorney General Merrick Garland violated the Constitution. She ruled that only Congress or the President can appoint a special counsel. In a statement, Jack Smith's office said the dismissal deviates from the uniform conclusion of all previous courts, and top Democrats on Capitol Hill are blasting the dismissal and calling for it to be overturned. Giles Snyder, NPR News.