In a significant legal development, U.S. District Judge Cannon has dismissed the case against former President Donald Trump regarding his handling of classified documents.
The charges were initially brought forth by special counsel Jack Smith, who had accused Trump of various felonies related to the possession and mishandling of classified materials found at his Mar-a-Lago residence.
Trump had previously pleaded not guilty to all 37 counts, which included willful retention of national defense information, conspiracy to obstruct justice, and making false statements.
“Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order,” Judge Cannon wrote in her ruling.
“The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”
The Appointments Clause states that “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments.”
Smith, however, was never confirmed by the Senate.
“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel 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,” Judge Cannon wrote.
Following the ruling, Trump expressed his satisfaction during an interview with Fox News’ Bret Baier. “I’m thrilled that a judge had the courage and wisdom to do this. This has big, big implications, not just for this case but for other cases,” Trump stated from Milwaukee, the site of this week’s Republican National Convention.
“The special counsel worked with everyone to try to take me down. This is a big, big deal. It only makes this convention more positive. This will be an amazing week.”
Judge Cannon’s ruling has substantial implications for the appointment of special counsels. She highlighted the crucial role Congress plays in the appointment process and the authorization of expenditures.
“The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere – whether in this case or in another case, whether in times of heightened national need or not,” Cannon continued.
Earlier this month, Trump requested a partial pause in the classified documents case following a U.S. Supreme Court decision that found presidents have substantial immunity for official acts that occurred while they were in office.
Lawyers for Trump had asked a Florida court to pause all proceedings in the case until the judge could apply the Supreme Court’s immunity ruling to the facts of the case.
Smith was appointed as special counsel by Attorney General Merrick Garland in November of 2022.
Last month, Judge Cannon heard arguments from Trump’s attorneys seeking to have the classified documents case dismissed on the grounds that Smith was unlawfully appointed.
Trump, writing on his social media platform two days after surviving an assassination attempt, called for the dismissal of all remaining cases against him.
“As we move forward in uniting our nation after the horrific events on Saturday, this dismissal … should be just the first step,” he stated.
In addition to the now-dismissed classified documents case, Trump faces charges in the Georgia election interference case and was found guilty in New York of falsifying business records related to a 2016 hush money payment aimed at boosting his electoral prospects.
He has pleaded not guilty in all cases and has announced plans to appeal the hush money verdict.
Judge Cannon’s ruling does not apply to other jurisdictions, meaning it may not impact the special counsel’s Jan. 6 election interference case against Trump.
The order can be appealed, and other district judges and the D.C. Circuit Court have previously upheld the constitutionality of special counsels in similar legal challenges.
If overturned on appeal, the order could prompt Smith to request Judge Cannon’s removal from the case, citing her pattern of favorable rulings towards Trump, which have drawn scrutiny from legal experts across the political spectrum.
This decision by Judge Cannon represents a crucial turning point in the ongoing legal saga surrounding former President Trump, with potential ramifications for future special counsel appointments and the broader judicial landscape.
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