 Violations of those laws put our country at risk. Judge Eileen Cannon finding the appointment of that top prosecutor, Special Counsel Jack Smith, improper. Cannon, a Trump appointee, concluding in a 93-page decision that Smith's appointment by Attorney General Merrick Garland violated the Constitution, as Smith wasn't nominated by the President or confirmed by the Senate. That reasoning, a dramatic departure from every other court that's looked at the issue.