Federal judge dismisses Trump’s classified documents case

The federal judge in Florida overseeing former President Donald Trump’s case of allegedly mishandling classified documents after leaving the White House dismissed the charges against him. Judge Aileen Cannon, who Trump appointed to the federal bench, ruled Monday, July 15, that the appointment of special counsel Jack Smith violated the U.S. Constitution.

Trump was accused of taking classified documents from the White House to his personal Mar-a-Lago residence in Florida after leaving the White House in January 2021. He was also accused of resisting government attempts to recover the materials.

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In the ruling, Judge Cannon wrote the appointment “breaches two structural cornerstones of our constitutional scheme – the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law.”

According to the appointments clause of the U.S. Constitution, special counsels are to be nominated by the president and confirmed by the U.S. Senate, not appointed by the attorney general.

Attorney General Merrick Garland testified during a House hearing in June and Rep. Thomas Massey, R-Ky., asked him about Smith’s appointment:

Massey: “Was Jack Smith nominated by President Biden or confirmed by the U.S. Senate?”

Garland: “You’re asking me about a case, again, motions filed just like another…”

Massey: “This is a simple question.”

Garland: “No, I’m not going to…”

Massey: “Was Jack Smith nominated by President Biden?”

Garland: “No, he was not.”

Massey: “Was he confirmed by the Senate?”

Garland: “No, he was not.”

Trump was facing 40 charges related to the documents case.

The judge’s ruling comes two days after an attempted assassination against Trump at a campaign rally in Pennsylvania. It also came down the day the Republican National Convention begins underway in Milwaukee, Wisconsin. Trump is set to formally accept the Republican presidential nomination for the 2024 election.

“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 in a post on his social media platform Truth Social.

Straight Arrow News has reached out to the Justice Department for a statement. Peter Carr, a spokesman for special counsel Jack Smith, responded on July 16.

“The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the attorney general is statutorily authorized to appoint a special counsel,” Carr said. “The Justice Department has authorized the special counsel to appeal the court’s order.”