The judge in charge of the case accusing Donald Trump of withholding classified documents after leaving the White House dismissed the entire process on Monday, saying the appointment of special prosecutor Jack Smith violates the Constitution.
In a decision that represents a major victory for the former president, who is running for president this year on the Republican Party’s ticket, Judge Ellen Cannon grants a defense lawyer’s request and dismisses the case currently underway in Florida.
The decision by the district judge, a Trump appointee to the court, represents an abrupt conclusion to a criminal case that, at the time it was filed, was widely considered the most serious of all the legal threats facing the former president.
Although the case has been long stalled and a trial before the November election was already unlikely, the judge’s ruling is a major legal victory for Trump as the businessman recovers from an assassination attempt last Saturday and prepares to accept the Republican presidential nomination this week at the Republican National Convention.
It is one of four criminal cases against Trump, which include dozens of charges related to the illegal keeping of classified documents at his Mar-a-Lago home in Florida.
Trump was also accused of obstructing the FBI’s efforts to obtain these materials, and declared his innocence and denied all legal violations.
Defense attorneys have filed numerous challenges in the case, including technical and legal challenges alleging that special prosecutor Jack Smith was illegally appointed under the Constitution’s Appointments Clause, since he was appointed by U.S. Attorney General Merrick Garland rather than confirmed by Congress, and that his office was improperly funded by the Justice Department.
Cannon, whose handling of the case has drawn scrutiny, agreed with the businessman’s defense in a 93-page order in which he said the Constitution “gives Congress a central role in nominating officers” and that this “may not be usurped by the executive branch,” whether “in this case or any other, whether in times of great national need or not.”
Jack Smith’s team vigorously challenged the argument during hearings before Cannon last month, telling the judge that even if the ruling favored the defense team, the appropriate decision would not be to dismiss the entire case.
This is the first time that one of the four criminal cases against Trump has been completely dropped.
Prosecutors may also appeal the decision.
In other cases, courts have repeatedly upheld the Justice Department’s ability to appoint special counsels to handle certain politically sensitive investigations.
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