Judge Dismisses Trump’s Classified Documents Indictment

A federal judge has dismissed former President Donald Trump’s indictment in the classified documents case, finding that the appointment of special counsel Jack Smith by U.S. Attorney General Merrick Garland was unconstitutional.

U.S. District Judge Aileen Cannon said in a ruling issued Monday that the appointment of Smith to prosecute the case, which focuses on Trump’s retention of classified government documents after leaving the White House, violates the appointments clause of the U.S. Constitution.

That clause gives Congress “a pivotal role” in appointing certain government positions, which “cannot be usurped by the Executive Branch or diffused elsewhere — whether in this case or another case, whether in times of heightened national need or not,” Cannon wrote.

President Joe Biden’s son, Hunter Biden, was also prosecuted by a special counsel, prompting immediate speculation from political pundits that his case could be dismissed too, based on Cannon’s ruling.

Trump quickly celebrated Cannon’s decision in a social media post that called for all legal cases against him to be dismissed.

“Let us come together to END all Weaponization of our Justice System, and Make America Great Again!” he wrote.

Trump’s team had filed a motion earlier this month to pause the classified documents case shortly after the Supreme Court ruled that U.S. presidents have broad immunity from prosecution for official acts. Justice Clarence Thomas questioned whether Smith had been lawfully appointed in his concurring opinion.

“If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding,” Thomas wrote.

Cannon, who was appointed to the federal bench by Trump, repeatedly cited Thomas in her decision.

Trump faced 40 charges that accused him of illegally mishandling classified records and trying to obstruct the government’s efforts to recover them from his Mar-a-Lago estate in Florida. He pleaded not guilty to all charges.

This is a developing story. Check back for updates.