Judge Aileen Cannon dismissed the classified documents case against Donald Trump, arguing the prosecutor was illegally appointed.
A federal judge has dismissed the case against former President Donald Trump for allegedly hoarding classified documents, arguing the prosecutor who brought the case was illegally appointed.
[time-brightcove not-tgx=”true”]U.S. District Judge Aileen Cannon, a Trump appointee, granted the defense motion to dismiss the case in a new court filing Monday, a significant legal victory for Trump as he campaigns for a second term as President.
Trump’s lawyers had argued that the appointment of special counsel Jack Smith violated the Constitution’s Appointments Clause—a position Cannon ultimately agreed with. “Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” Cannon concluded in her 93-page order.
In the original indictment, prosecutors detailed accusations that Trump stored boxes containing classified documents in various locations at Mar-a-Lago, his Florida estate, including a ballroom, a bathroom and shower, his office, his bedroom, and a storage room. Among the records were details on foreign nations’ nuclear capabilities, information regarding defense and weapons capabilities of both U.S. and foreign countries, U.S. nuclear programs, potential vulnerabilities of the U.S. and its allies, and plans for possible retaliation in response to an attack, according to the indictment.
The indictment also details accusations that Trump twice shared classified information with people who lacked security clearances. In a recording that investigators obtained, Trump indicates that he understands that he cannot declassify records after leaving office and acknowledges that he possesses a classified record. Trump faced maximum sentences adding up to at least 100 years in prison and millions of dollars in fines, if convicted of the charges. He pleaded not guilty to the 40 felony counts against him, which include conspiracy to obstruct justice and making false statements.
Smith was appointed to the case as independent special counsel in November 2022 by Attorney General Merrick Garland, and was also tasked with investigating Trump in a case in Washington, D.C. related to his alleged efforts to overturn the 2020 election. Trump’s lawyers have not made a similar request to dismiss the D.C. indictment even though Smith was also appointed to that case, which is currently on hold pending a lower court decision.
The Florida investigation began after the National Archives found classified records in a batch of documents Trump returned in 2022, prompting the Justice Department to issue a subpoena demanding that he return any other classified material in his possession. Trump’s legal team produced about three dozen additional documents, but the indictment alleges that Trump’s lawyers did not have access to all of the records.
The case was assigned to Judge Cannon, who was nominated by Trump and ruled in his favor last year in a dispute over whether an outside special master could be appointed to review the seized classified documents. (A federal appeals panel ultimately overturned her ruling.)
Cannon’s stunning decision to dismiss the case will almost certainly be appealed by Smith’s office, which did not immediately respond to a request for comment.
Now all of the criminal cases against Trump are in limbo: after a recent Supreme Court ruling that former Presidents have some measure of immunity for official actions, his conviction in a New York case over hush-money payments as well as pending cases in Georgia and Washington, D.C. over actions related to the violent aftermath of the 2020 election have uncertain futures.
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