The case against former President Donald Trump for using secret federal documents was dismissed by a Florida judge on Monday on the grounds that the Justice Department improperly appointed special counsel Jack Smith.
Although the order is likely to be appealed, it is even less likely that Trump will face trial on any of the federal charges against him before the election. The order came on the first day of the Republican National Convention, where Trump will be officially nominated as the Republican presidential candidate for 2024.
Trump, who on Saturday was hurt at a rally in Pennsylvania where an attempted murder is being investigated, Federal Prosecution in Washington, DC, for his alleged attempts to manipulate the results of the 2020 presidential election. The case is still pending due to the U.S. Supreme Court ruling. Decision on the immunity of the President.
In May, Trump was sentenced of 34 felony charges in a New York State court for falsifying business records in connection with a hush money payment before the 2016 presidential election. Trump’s conviction was delayed until September while the court reviews the federal immunity decision.
In the 93-page commandFederal District Judge Aileen Cannon wrote that Smith’s appointment violates two clauses of the U.S. Constitution that govern how presidential administrations and Congress appoint and confirm “officers of the United States” and how taxpayer money may be used to pay their salaries and other expenses.
“After carefully considering the fundamental objections raised in the motion, the Court is convinced that Special Counsel Smith’s pursuit of this proceeding violates two structural cornerstones of our constitutional system – the role of Congress in appointing constitutional officers and the role of Congress in legislatively authorizing spending,” wrote Cannon, who serves as a judge in the Southern District of Florida.
She was nominated by Trump in 2020 and confirmed by the U.S. Senate later that year.
In February, Trump’s team submitted the Movement to dismiss caseand accused Smith of being illegally employed and paid.
The Trump case, which involved secret documents, was a historic first for the United States: a former sitting president had never been charged with federal crimes.
A federal grand jury brought 37-count indictments against the former president and his adviser Walt Nauta in June 2023. It accused the former president and his adviser Walt Nauta of sedate crimes related to the misuse of secret documents after his term in office, including their storage at his Mar-a-Lago estate in Florida.
Just over a month later, a modern indictment was filed that included modern charges against the former president and also added Trump’s Mar-a-Lago property manager Carlos De Oliveira as a co-defendant.
Cannon’s order rejects the July 2023 Indictment.
The court will now close the case and cancel all scheduled hearings. All pending motions will be considered moot, according to Cannon’s order.
The Justice Department did not immediately respond to a request for comment.
Senate Majority Leader Chuck Schumer said in a statement Monday that the “breathtakingly misguided ruling runs counter to long-accepted practice and repeated case law precedent.”
“It is legally wrong and must be challenged immediately. This is further proof that Judge Cannon cannot handle this case impartially and must be reassigned,” the New York Democrat said.
This is a developing story that will be updated.
