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Federal Judge Throws Out Classified Documents Case Against Donald Trump

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Federal judge dismisses classified documents case vs. Donald Trump

A Florida judge has dismissed the classified documents case against former President Donald Trump. On Monday, U.S. District Judge Aileen Cannon ruled that special counsel Jack Smith was unlawfully appointed, leading to the case’s dismissal.

“The superseding indictment is dismissed because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution,” Cannon stated in her 93-page order.

The decision responds to a motion filed in February by Trump’s legal team, who claimed that Attorney General Merrick Garland lacked the authority to appoint Smith for the federal investigation into Trump’s post-presidential handling of classified documents. Last month, the arguments were heard in Cannon’s Fort Pierce, Florida, courtroom.

Emil Bove, Trump’s attorney, argued at the hearing that the provision Garland used to appoint Smith was meant for appointing federal employees, not officers like Smith. Bove insisted that Smith’s appointment required Senate confirmation, asserting that bypassing this step enabled a “shadow government.”

Initially skeptical, Judge Cannon questioned the realism of such a risk. Bove reiterated his stance, stating it was more than a risk; it was the actual scenario.

In her ruling, Cannon highlighted her agreement with Bove: “The appointments clause sets as a default rule that all ‘officers of the United States’—whether ‘inferior’ or ‘principal’—must be appointed by the president and confirmed by the Senate.”

While prosecutors pointed out that eight judges had previously rejected this argument, asserting that attorneys general have the power to appoint special counsels, Cannon gave this little weight in her decision. She noted an ad hoc pattern with minimal judicial scrutiny in recent “regulatory” special counsel appointments.

This latest ruling adds to a series of controversial decisions from Cannon, who Trump appointed in 2020. Previously, she had delayed the trial indefinitely and required independent review of documents seized from Mar-a-Lago, a decision later overturned by the 11th Circuit.

Despite suggestions from other judges to recuse herself due to alleged inexperience and connections to Trump, Cannon continued to oversee the case. Trump faced a 37-count indictment last year for allegedly taking classified documents to Mar-a-Lago and obstructing federal efforts to retrieve them. Charges included willful retention of national defense information, obstruction, and making false statements.

Attorney General Garland appointed Smith in 2022 to manage two investigations concerning Trump. Besides the classified documents case, Smith is also leading the inquiry into Trump’s involvement in the January 6, 2021, Capitol attack, which continues in federal court in Washington.

Cannon acknowledged her ruling’s limited scope, applying only within her jurisdiction, and it can be appealed in the 11th Circuit Court of Appeals. Other federal appellate courts have upheld the constitutionality of special counsels.