A US federal judge has dismissed a criminal case against Donald Trump, accusing him of keeping classified documents illegally after leaving office.
The former president was indicted for allegedly holding highly classified national security papers at his Mar-a-Lago home in Florida after his presidency ended.
Judge Aileen Cannon, appointed by Trump, ruled on Monday that lead prosecutor Jack Smith was unlawfully appointed and lacked authority to bring the case. Smith’s spokesperson later announced they would appeal the dismissal and continue pursuing a trial.
“The Justice Department has authorized the special counsel to appeal the court’s order,” Peter Carr said in a statement.
Trump called the verdict a “first step” and insisted that all criminal charges against him should be dropped.
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In 2022, Attorney General Merrick Garland appointed Smith, a prosecutor specializing in public corruption and international war crimes, to lead the investigation into Trump’s handling of classified documents.
Smith’s appointment aimed to ensure the investigation’s independence from the Biden administration’s Department of Justice.
However, Trump’s legal team argued that Smith’s appointment violated the US Constitution because Congress did not create his position, nor did the Senate confirm him.
Smith’s lawyers countered that appointing special counsels for politically sensitive cases was a longstanding practice.
On Monday, Judge Cannon sided with Trump’s defense motion.
“The special counsel’s appointment effectively undermines important legislative authority, transferring it to a department head and threatening the separation of powers,” Cannon wrote in a 93-page order.
“If the political branches want the attorney general to appoint Special Counsel Smith with full US attorney powers to investigate and prosecute this case, there are proper procedures to do so.”
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If upheld, this decision would be a significant win for Trump. He had been accused of jeopardizing national security by retaining classified documents and obstructing investigations into their whereabouts.
The likelihood of a trial concluding before the November presidential election already seemed slim, and Monday’s ruling reduced this possibility even further.
The decision came as the Republican National Convention convened in Milwaukee, Wisconsin, where Trump is expected to be confirmed as the Republican presidential nominee.
However, Trump still faces three other criminal cases, including one in New York where he was convicted of falsifying business records.
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