WASHINGTON (AP) — A federal judge in Florida dismissed the classified documents case against former President Donald Trump on Monday, siding with defense lawyers who said the special counsel who filed the charges was illegally appointed by the Justice Department.
The decision by U.S. District Judge Aileen Cannon, which is expected to be appealed and may eventually be overturned by a higher court, brings at least for now a stunning and abrupt conclusion to a criminal case that at the time it was filed was widely regarded as the most perilous of all the legal threats the Republican former president confronted.
Though the case had long been stalled, and the prospect of a trial before the November election already nonexistent, the judge’s order is a significant legal and political victory for Trump as he recovers from a weekend assassination attempt and prepares to accept the Republican nomination in Milwaukee this week.
It’s the latest stroke of good fortune in the four criminal cases Trump has faced. He was convicted in May in his New York hush money trial, but the sentencing has been postponed after a Supreme Court opinion that conferred broad immunity on former presidents. That opinion will cause major delays in a separate case charging Trump with plotting to overturn his 2020 election loss to Democrat Joe Biden. Another election subversion case filed in Atlanta has been delayed by revelations of a romantic relationship between the district attorney and a special prosecutor she hired for the case.
In a statement on his social media platform, Trump said that the dismissal “should be just the first step” and that the three other cases, which he called “Witch Hunts,” should also be thrown out.
The classified documents case had been seen as the most legally clear-cut of the four given the breadth of evidence that prosecutors say they had accumulated, including the testimony of close aides and former lawyers, and because the conduct at issue occurred after Trump left the White House in 2021 and lost the powers of the presidency.
The indictment included dozens of felony counts accusing him of illegally hoarding classified records from his presidency at his Mar-a-Lago estate in Palm Beach, Florida, and obstructing FBI efforts to get them back. He had pleaded not guilty and denied wrongdoing.
Defense lawyers filed multiple challenges to the case, including legally technical ones that asserted that special counsel Jack Smith’s appointment by Attorney General Merrick Garland violated the Constitution’s Appointments Clause because it did not go through Congress and that Smith’s office was improperly funded by the Justice Department. She said Garland had exceeded his bounds by appointing a prosecutor without Senate approval and confirmation and had undermined the authority of Congress.
“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers,” Cannon wrote in a 93-page order that granted the defense team’s request to dismiss the case but did not dissect the substance of the allegations against Trump.