(Scypre.com) – A Florida judge has dismissed the classified documents case against former President Donald Trump, citing the illegality of the appointment and funding of special counsel Jack Smith.
This ruling came on Monday from U.S. District Judge Aileen Cannon, a Trump appointee, who asserted in her 93-page decision that Smith’s appointment was “unlawful” and without proper authority. “The clerk is directed to close this case,” Judge Cannon stated, marking a pivotal moment on the first day of the Republican National Convention.
The decision follows a weekend marked by tension, including an assassination attempt on Trump, which he referenced in a statement praising the ruling. He expressed hope that this dismissal would lead to the termination of other criminal cases against him as well. A close source to Trump shared that he was “surprised” yet “very happy” with the judge’s outcome. Inquiries about the ruling were directed to the Department of Justice, as neither the Justice Department, the special counsel’s office, nor the Trump campaign responded promptly to requests for comments.
Jack Smith was appointed as special counsel by Attorney General Merrick Garland in November 2022, with the responsibility of overseeing investigations into Trump’s management and retention of classified documents after leaving office, alongside inquiries into his efforts to overturn the 2020 presidential election results.
Trump’s legal team argued in court filings submitted in February that the Constitution’s appointments clause prohibits the Attorney General from appointing a private citizen without Senate confirmation to exercise prosecutorial power. They contended that, as a result, Smith lacked the authority to pursue this case.
Conversely, Smith’s team maintained that the Attorney General possesses statutory authority to appoint “inferior officers,” with precedents affirming this power in previous cases involving special counsels.
These arguments against the special counsel’s authority had been previously raised in relation to other special counsels, including Robert Mueller, who investigated Russian interference in the 2016 election, and David Weiss, who is overseeing the Hunter Biden case.
While the implications of Cannon’s ruling on Hunter Biden’s cases remain unclear, she made a distinction between Smith’s appointment and Weiss’s, noting that Weiss was a sitting U.S. attorney at the time of his appointment, whereas Smith was a private citizen.
Hunter Biden’s legal representatives did not immediately respond to inquiries regarding the ruling.
Moving forward, Smith has the option to appeal the dismissal to the 11th Circuit U.S. Court of Appeals. The appellate court is expected to hear the case and likely hold oral arguments. Even in a scenario where the case is expedited and Cannon’s ruling is overturned, this dismissal effectively postpones any trial regarding the classified documents until after the election.
It is important to note that this ruling does not have any immediate implications for the federal election interference case. The authority to direct Judge Tanya Chutkan, who presides over that case, lies solely with the D.C. Circuit Court of Appeals and the Supreme Court.