Former Trump attorney says classified docs decision could lead to scrutiny of Mueller probe

One of former President Donald Trump's attorneys, David Schoen said the dismissal of the former president's classified documents case could lead to renewed scrutiny of special counsel Robert Mueller's probe into Russia collusion. 

"There are people who were convicted under Robert Muller's investigation," Just the News, No Noise host John Solomon said. "Does the legitimacy of any special counsel who wasn't appointed or confirmed by the Senate potentially come under scrutiny as a result of today's opinion?"

"Not necessarily any, but Mueller certainly does," Schoen answered. "In fact, the seminal law review article written by professors Calabresi and Lawson really is directed to the Muller appointment."

On Monday, Judge Aileen Cannon dismissed Trump's classified documents case, arguing that "Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution."

Schoen argued that Mueller's appointment also violated the appointments clause. 

"We've always talked about the appointments clause in this, but Judge Cannon's decision really also deals with the appropriations clause: Article One, Section nine, clause seven states that we don't just have unlimited appropriations and an unlimited budget," Schoen said. 

Mueller was the former director of the FBI who led the investigation into alleged Russian interference in the 2016 election.

Last year special counsel John Durham released a report that stated that neither the FBI or DOJ had any evidence Trump colluded with Russia to interfere with the election results.