2024 election
Federal Judge Throws Out Trump Classified Documents Criminal Case
A Florida judge, on Monday, dismissed the classified documents case against former President Donald Trump. The ruling cited the unlawful appointment of special counsel Jack Smith by the Department of Justice.
This order, which is expected to be appealed, diminishes the likelihood of Trump facing trial before the upcoming election on any federal charges. The decision coincided with the first day of the Republican National Convention, where Trump is set to be officially nominated as the GOP presidential candidate for 2024.
Over the weekend, Trump was injured at a rally in Pennsylvania, an incident currently under investigation as an attempted assassination. Trump also faces federal charges in Washington, D.C., for allegedly trying to overturn the 2020 election results, though this case remains pending due to the U.S. Supreme Court’s decision on presidential immunity.
Earlier this year, Trump was convicted in New York of 34 felonies related to falsifying business records concerning a hush money payment from the 2016 election. Trump’s sentencing has been postponed until September pending a review of federal immunity issues.
In a 93-page order, federal District Judge Aileen Cannon noted that Smith’s appointment violates constitutional clauses related to the appointment of U.S. officers and the authorization of expenditures by Congress.
“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,” wrote Cannon, who serves in the Southern District of Florida.
Cannon was nominated by Trump in 2020 and subsequently confirmed by the U.S. Senate that same year.
Trump’s legal team initiated the motion to dismiss back in February, alleging that Smith’s appointment and salary arrangement were unlawful.
This classified documents case marked a historic event in U.S. history, as it was the first time a former president faced federal criminal charges. A federal grand jury indicted Trump and his aide Walt Nauta in June 2023 on 37 felony counts related to mishandling classified documents post-presidency, including storing them at Mar-a-Lago.
In July, a superseding indictment added more charges against Trump and included Mar-a-Lago property manager Carlos De Oliveira as a co-defendant. Judge Cannon’s order now dismisses this superseding indictment.
All scheduled hearings for the case have been canceled, and any pending motions are deemed moot as per Cannon’s order. The Department of Justice has not yet commented on the decision.
Senate Majority Leader Chuck Schumer criticized the ruling, stating it disregards established legal practices and precedents.
“It is wrong on the law and must be appealed immediately. This is further evidence that Judge Cannon cannot handle this case impartially and must be reassigned,” said Schumer.
This is a developing story and will continue to be updated.