A US judge dismissed a criminal charge against Donald Trump for his handling of classified documents. This is a significant legal victory for the ex-president, just days after he escaped an assassination.
Judge Aileen A Cannon ruled Monday that the Department of Justice’s appointment of Jack Smith as the outside attorney to handle the investigation had violated US Constitution.
The judge, who is a Trump nominee said that Merrick Garland’s appointment of Smith in 2022 “effectively usurps the authority of Congress to make such decisions”, thereby “threatening structural liberty inherent in separation of powers”.
The dismissal is another boost for the former president as the Republican National Convention begins in Milwaukee, Wisconsin on Monday. Trump will announce his vice-presidential choice at the event.
Trump announced the decision via social media. As we work to unite our nation after Saturday’s horrific events, the dismissal the Lawless Indictment should only be the first step. Then, he listed his legal cases on Truth Social.
Cannon’s decision, which is appealable, was made just two days after , the former president, survived an attempted assassination at a Pennsylvania campaign rally, where he suffered a minor injury to his ear after being shot.
Trump had won his latest legal victory following a Supreme Court decision this month which granted him immunity from prosecution for acts he performed as president.
The FBI seized classified government documents that Trump had transferred from the White House to his Mar-a-Lago home after he left in 2021.
Agents discovered boxes of documents in various locations, including the bathroom and shower. The charges against him included conspiracy to obstruct the justice, concealing evidence in a federal probe and making false claims.
Trump’s attorneys had argued there was no legal authorization for Smith’s works. They cited the Constitution’s appointment clause which stipulates that officials must be appointed by the US President subject to Senate approval.
The lawyers for the former president said that, under this clause, the attorney-general could not appoint a person “to wield prosecutorial powers of the United States”, without Senate approval.
In legal filings, Trump’s attorneys stated that “Jack Smith was not an officer” under the statutes cited in Garland’s letter. “At worst, he’s an employee”.
According to court documents, the DoJ emphasized that Congress could allow department head to appoint inferior officers under the appointment clause.
The DoJ or the lawyers who represent Trump didn’t immediately respond to our request for comment.
Smith also filed a case in Washington federal court, addressing Trump’s role after the 2020 presidential election. This case has been delayed for a long time by several appeals. It alleges that he conspired with others to influence the election results in which Joe Biden won.
Cannon’s decision echoed the concerns expressed by Clarence Thomas in his concurring opinion on the presidential immunity case. Thomas, a conservative justice, wrote that he “had serious questions” regarding the constitutionality.
Smith is among several special counsels who have been appointed to handle politically sensitive investigations in the past few years. One special counsel was appointed to oversee the investigation into Biden’s handling of classified materials, and another was assigned to investigate Hunter Biden, President Biden’s son who was later charged for gun and tax offenses.
Cannon’s ruling could have a negative impact on both federal criminal cases. Two other criminal cases against Trump that are pending in state court have also hit a roadblock.
Trump was convicted in New York earlier this year for what New York prosecutors claimed was a “hush-money” scheme designed to silence a porn actress who claimed she had an affair before the 2016 presidential election. The original date for sentencing was July 11, but it has now been moved to September due to the Supreme Court’s decision on presidential immunity, and Trump’s attorneys challenging the verdict.
The appeals court is deciding whether to force the Fulton County District Attorney Fani Willis to step down from the case.
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