A federal judge has dismissed the case against former President Donald Trump for allegedly hoarding classified documents, arguing that the prosecutor who brought the case was illegally appointed.
U.S. District Judge Aileen Cannon, a Trump appointee, granted the defense’s motion to dismiss the case in a new court filing on Monday, a significant legal victory for Trump as he campaigns for a second term as president.
Trump’s lawyers argued that the appointment of special counsel Jack Smith violated the Constitution’s Appointments Clause — a position with which Cannon ultimately agreed. “After careful study of the fundamental challenges raised in the Motion, the Court is convinced that Special Counsel Smith’s prosecution of this action violates two structural pillars of our constitutional scheme – the role of Congress in appointing constitutional officers and the role of the Congress in authorizing expenditures by law,” Cannon concluded in his 93-page order.
In the original indictment, prosecutors detailed allegations that Trump stored boxes containing confidential documents at various locations at Mar-a-Lago, his Florida estate including a ballroom, a bathroom and shower, his office, his bedroom and a storage room. . Among the records were details about the nuclear capabilities of foreign nations, information about U.S. and foreign defense and weapons capabilities, U.S. nuclear programs, potential vulnerabilities of the U.S. and its allies, and plans for possible retaliation in response to an attack, according to the indictment.
The indictment also details allegations that Trump twice shared confidential information with people who did not have security clearance. In a recording obtained by investigators, Trump indicates that he understands that he cannot declassify records after leaving office and acknowledges that he has a confidential record. Trump would face maximum sentences totaling at least 100 years in prison and millions of dollars in fines if he were convicted of the charges. He has pleaded not guilty to the 40 criminal charges against him, which include conspiracy to obstruct justice and making false statements.
Smith was appointed to the case as an independent special counsel in November 2022 by Attorney General Merrick Garland, and was also tasked with investigating Trump in a Washington, D.C. case related to his alleged efforts to overturn the 2020 election. Trump has not made a similar request to dismiss the D.C. indictment, although Smith has also been appointed to that case, which is currently on hold pending a ruling from a lower court.
The Florida investigation began after the National Archives found confidential records in a batch of documents Trump returned in 2022, prompting the Justice Department to issue a subpoena demanding he return any other classified materials in his possession. Trump’s legal team produced about three dozen additional documents, but the indictment alleges that Trump’s lawyers did not have access to all of the records.
The case was assigned to Judge Cannon, who was appointed by Trump and ruled in his favor last year in a dispute over whether an outside special master could be appointed to review the seized confidential documents. (A federal appeals panel ultimately overturned his decision.)
Cannon’s surprising decision to dismiss the case will almost certainly be appealed by Smith’s office, which did not immediately respond to a request for comment.
Now all criminal cases against Trump are in limbo: after a recent Supreme Court ruling that former presidents have some immunity from official actions, his conviction in a New York case over hush money payments, as well as pending cases in Georgia and Washington, D.C., over actions related to the violent fallout from the 2020 election, face an uncertain future.
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This story originally appeared on Time.com read the full story
