A Florida judge has dismissed the U.S. Department of Justice’s classified documents case against Donald Trump, a huge victory for the former president just days after a gunman attempted to assassinate him.
Judge Erin Cannon granted Trump’s motion to dismiss the federal case on the grounds that the Justice Department’s appointment of special counsel Jack Smith violated the Appointments Clause of the U.S. Constitution.
He has pleaded not guilty to multiple charges related to handling classified documents in the case, including knowingly withholding defense information.
The Justice Department said it would appeal the ruling, Smith said in a statement.
After Trump left the White House in 2021, dozens of classified documents were discovered in showers and storage rooms at his Mar-a-Lago resort in Florida.
“The court believes that Special Counsel Smith’s prosecution of this action violates two structural cornerstones of our constitutional scheme – Congress’s role in appointing constitutional officers, and Congress’s role in authorizing expenditures under the law,” Judge Cannon concluded her sentence. 93 page order.
The former president faces multiple felony charges for allegedly mishandling classified documents.
The 37-count indictment accuses Trump of preserving documents at his Florida estate and lying to investigators. He then allegedly attempted to obstruct an investigation into the handling of the documents.
He was charged along with aide Walt Nauta and former employee Carlos de Oliveira, who also pleaded not guilty.
Attorney General Merrick Garland appointed Mr. Smith in 2022 to oversee two federal investigations into the former president.
In his ruling, Judge Cannon said the ruling applied to this case, not the second case Mr. Smith oversaw allegedly seeking to overturn the 2020 election.
Lawyers for the former president have made no similar request to dismiss the case.
Trump-appointed Florida judge recently Postponed indefinitely Federal secret documents trial, saying there were major problems with trial evidence.
Legal experts debated the merits of two federal criminal cases filed by Mr. Smith.
On Monday, Judge Cannon stepped in and said those details didn’t matter.
She argued that the existence of special counsels — how they were appointed and how they were funded — violated the U.S. Constitution.
Judge Cannon’s ruling was contrary to that of other U.S. court judges dealing with these specially appointed prosecutors.
It draws on theories advanced by some conservative legal scholars, notably Supreme Court Justice Clarence Thomas in Supreme Court decisions. Presidential immunity cases were recently decided.
In that case, the Supreme Court said that former presidents, including Trump, could not be criminally prosecuted for “official conduct.”
Three times in his ruling, Judge Cannon cited a concurring opinion by Judge Thomas in a Supreme Court decision in which Judge Thomas questioned whether there was a legal basis for appointing a special prosecutor.
Former federal prosecutor Neama Rahmani told the BBC on Monday that Judge Cannon’s ruling was “shocking to say the least”.
While Judge Cannon said her ruling was limited to this case, Rahmani said it raised questions about the appointment of special prosecutors in other cases.
They include the case of President Joe Biden’s son, Hunter Biden, who was investigated by a special counsel and convicted on gun charges last month.
But a key difference is that the special prosecutor in the case, David Weiss, is the U.S. attorney for Delaware and, unlike Smith, was nominated by the president and confirmed by the Senate.
In addition to his right to appeal, Mr. Smith can ask for a new judge to be assigned to the case.
Legal experts say Judge Cannon’s ruling could be overturned, but further delays in the case could be a boon to Trump’s campaign.
“Her ruling is unlikely to be upheld on appeal because it conflicts with decisions by the Supreme Court and other lower courts, but it will serve to prevent pre-election tensions,” said David Super, a professor at Georgetown University. The role of more embarrassing news.
Judge Cannon’s decision comes as Republicans gather in Milwaukee, Wisconsin, for the Republican National Convention, where Trump will accept the party’s presidential nomination.
The US election will be held on November 5th.
On Monday, Trump said on his social media site that dismissal of the case “should be just the first step, followed soon by the dismissal of all witch hunts.”
“Let’s come together to end all weaponization of our justice system and make America great again!”
While many Republican lawmakers welcomed the decision, Senate Majority Leader Chuck Schumer, a Democrat, described the rejection as a “shockingly misleading ruling.”
In May, Trump was convicted of falsifying business records in a New York hush-money case. He will be sentenced in September.
He is also charged with four criminal counts in the 2020 election case, including conspiracy to defraud the United States and conspiracy to violate civil rights.
Mr. Trump and about 18 other defendants are also charged in a separate case with criminal conspiracy to overturn his narrow defeat in the 2020 Georgia election.
He denies any wrongdoing.
