The Florida judge who is overseeing former President Donald Trump’s classified documents trial has dismissed the case against the former president on Monday as the appointment of and funding for special counsel Jack Smith was illegal via NBC News.
It is noted that the U.S. District Judge Aileen Cannon, a Trump nominee stated in her 93-page decision that Smith’s appointment was “unlawful” and unconditional. “The clerk is directed to close this case,” the judge wrote.
The decision reached on the first day of the Republican National Convention, and following an assassination attempt on the former president over the weekend.
Trump showered praise on the ruling in a statement that referenced Saturday’s shooting and said other criminal cases against him should be tossed as well. A source who spoke directly with the former president said that he was “surprised” but “very happy” with Cannon’s decision.
A White House spokesman has referred inquiries on the Trump classified documents case being dismissed to the Department of Justice. The Justice Department, the special counsel’s office, and the Trump campaign did not immediately respond to requests for comment.
Attorney General Merrick Garland had appointed Smith as special counsel in November 2022, tasking him with overseeing the federal investigations into Trump’s handling and retention of classified documents after he left office as well as his efforts to overturn the 2020 presidential election results.
Trump’s lawyers had argued in court papers filed in February that the appointments clause of the Constitution “does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States. As such, Jack Smith lacks the authority to prosecute this action.”
The special counsel’s team contended that the attorney general has statutory authority to appoint “inferior officers” and that previous court decisions have affirmed the attorney general’s authority to appoint special counsels.
The arguments by Trump’s legal team were raised unsuccessfully against previous special counsels, including Robert Mueller, who oversaw an investigation into Russian meddling in the 2016 election, and David Weiss, the special counsel overseeing the Hunter Biden prosecution.
