The decision is a huge victory for Donald Trump. (File)
Miami:
A Florida judge appointed by Donald Trump dismissed the criminal case against the former president on charges of mishandling top-secret documents, saying the way special counsel Jack Smith was appointed was improper.
The decision is a major victory for Trump, who was accused of endangering national security by withholding top-secret documents after leaving the White House.
Judge Aileen Cannon made her decision after lawyers for the 78-year-old argued for a partial stay of proceedings to allow for an assessment of a Supreme Court ruling that a former president has broad immunity from prosecution.
“Former President Trump’s motion to dismiss the indictment based on the illegal appointment and funding of Special Counsel Jack Smith is GRANTED,” Aileen wrote in her order.
“The superseding indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”
It comes as Trump will be anointed as his party’s champion at the Republican National Convention, days after surviving an assassination attempt at a rally in Pennsylvania.
In the Florida case, Trump faced 31 counts of “intentional withholding of national defense information,” each punishable by up to 10 years in prison.
He also faced charges of conspiracy to obstruct justice and making false statements.
Trump allegedly kept classified documents — which included Pentagon and CIA records — unsecured at his Mar-a-Lago home and thwarted efforts to recover them.
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