Summary and Key Points: In a major development, U.S. District Judge Aileen Cannon dismissed the criminal charges against former President Donald Trump regarding his handling of classified documents, citing issues with the appointment of special counsel Jack Smith.
-This decision was announced just as the Republican National Convention began, where Trump is expected to be formally nominated as the party's 2024 presidential candidate.
-Trump quickly claimed vindication, calling for the dismissal of all other cases against him.
Less than 36 hours after almost being killed by a would-be assassin's bullet, former President Donald Trump was handed a major victory on Monday morning as one of his four criminal cases has been dismissed entirely.
U.S. District Judge Aileen Cannon threw out the criminal charges against the former president in the case, accusing him of mishandling classified documents.
Trump had faced 40 charges for his alleged mishandling of the records and his efforts to obstruct the government's retrieval of the documents after he left the White House.
Judge Cannon ruled in her 93-page decision that special counsel Jack Smith had not been lawfully appointed. The decision also came on the opening day of the Republican National Convention, during which time Trump is expected to be formally named as the party's 2024 presidential nominee.
"The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers," Cannon wrote in her 93-page ruling, adding, "The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers."
As reported by TheHill.com, Judge Cannon's ruling also echoed concerns raised by Supreme Court Justice Clarence Thomas earlier this year when the nation's highest court ruled on the former president's immunity defense. Cannon cited the justice's opinion three times.
"If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel's appointment before proceeding," Thomas wrote in his opinion, which was released earlier this month.
Smith was appointed special counsel by Attorney General Merrick Garland in November 2022 and tasked with overseeing the federal investigations into Trump's handling and retention of classified documents.
The former president, who had pleaded not guilty, was quick to claim victory on Monday, posting on his Truth Social platform:
"As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts The January 6th Hoax in Washington, D.C., the Manhattan D.A.'s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia 'Perfect' Phone Call charges. The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!"
Though Cannon wrote that her decision should be "confined to this proceeding," there is already speculation that it could impact the appointment of other special counsels, including those investigating whether Trump conspired to subvert the 2020 election.
Cannon's ruling may not be limited to impacting Trump's future criminal cases, as questions have been raised about whether it could impact the cases against Hunter Biden, the troubled son of President Joe Biden.
However, Cannon did note differences between Smith's appointment and that of David Weiss, who was charged with investigating the younger Biden.
Weiss was already a U.S. attorney when he was appointed special counsel, while Smith was a private citizen, Cannon acknowledged.
Peter Suciu is a Michigan-based writer. He has contributed to more than four dozen magazines, newspapers, and websites with over 3,200 published pieces over a twenty-year career in journalism. He regularly writes about military hardware, firearms history, cybersecurity, politics, and international affairs. Peter is also a Contributing Writer for Forbes and Clearance Jobs. You can follow him on Twitter: @PeterSuciu. You can email the author: Editor@nationalinterest.org.
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