The classified documents case against former President Donald Trump has been dismissed by Judge Aileen Cannon, according to court records released Monday.
Cannon cites special counsel Jack Smith’s apointment was unconstitutional and the charges were to be thrown out.
“The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution,” she wrote.
“In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny,” Cannon added.
Cannon’s decision comes on the first day of the Republican National Convention, and following an assassination attempt on the former president over the weekend.
“As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts,” Trump wrote on Truth Social in reacting to Cannon’s decision.
The Justice Department, the special counsel’s office and the Trump campaign did not immediately respond to requests for comment.
Smith will now likely appeal the ruling to the 11th Circuit U.S. Court of Appeals. If he is successful, Cannon’s decision will guarantee the classified documents case could not go to trial before the election.
The indictment alleged that the documents Trump took with him “included information regarding defense and weapons capabilities of both the U.S. and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for a possible retaliation in response to a foreign attack.”
Trump pleaded not guilty to all 40 criminal counts related to his handling of classified materials after leaving the White House.
Smith was appointed as special counsel by Attorney General Merrick Garland in November of 2022.
