Judge Aileen Cannon dismissed the classified documents case against Donald Trump on Monday, ruling that special counsel Jack Smith’s appointment to the case was unconstitutional.
In a 93-page decision, Cannon argued that Smith’s appointment had overstepped Congress’s authority, violating the appointments clause of the Constitution.
“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,” Cannon wrote, noting that a valid pathway to appoint Smith to the case is and was on the table.
“Congress can authorize his appointment through enactment of positive statutory law consistent with the Appointments Clause,” she wrote.
Cannon’s order dismisses the superseding indictment against the former president, cancels any scheduled hearings, and officially closes the case. Smith can appeal the dismissal, though his office has not yet announced what their next steps will be.
For months, the Trump-appointed judge had been accused of slow-walking the trial in a not-so-subtle effort to postpone it indefinitely. After spending considerable time in hearings dedicated to third-party complaints, Cannon began
hearing arguments in June over whether Smith’s appointment to the case was constitutional. But she caught considerable flack from legal experts for taking up the arguments, including from former Trump attorney Ty Cobb, who argued that there were mountains of legal precedent behind Smith’s appointment.
In the ruling, Cannon pointed to the expired Independent Counsel Act as the basis for her decision, claiming that the Department of Justice had appointed Smith under the since-defunct provision.
“No such special counsel statute exists today, and no such statute existed in November 2022 when Attorney General Garland issued the Appointment Order,” Cannon wrote.
Trump faced
42 felony charges in the case related to willful retention of national security information, corruptly concealing documents, and conspiracy to obstruct justice.
This story has been updated.
