Judge Dismisses Classified Documents Case Against Trump
"Judge Aileen Cannon ruled that the entire case should be thrown out because the appointment of the special counsel who brought the case, Jack Smith, had violated the Constitution. Her decision is sure to be appealed.
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A federal judge dismissed in its entirety the classified documents case against former President Donald J. Trump on Monday, ruling that the appointment of the special counsel, Jack Smith, had violated the Constitution.
In a stunning ruling, the judge, Aileen M. Cannon, found that because Mr. Smith had not been named to the post of special counsel by the president or confirmed by the Senate, his appointment was in violation of the appointments clause of the Constitution.
The ruling by Judge Cannon, who was put on the bench by Mr. Trump, flew in the face of previous court decisions reaching back to the Watergate era that upheld the legality of the ways in which independent prosecutors have been named. And in a single swoop, it removed a major legal threat against Mr. Trump on the first day of the Republican National Convention, where he is set to formally become the party’s nominee for president.
Mr. Smith’s team will almost certainly appeal the ruling by Judge Cannon throwing out the classified documents indictment, which charges Mr. Trump with illegally holding onto a trove of highly sensitive state secrets after he left office and then obstructing the government’s repeated efforts to retrieve them.
Alan Feuer covers extremism and political violence for The Times, focusing on the criminal cases involving the Jan. 6 attack on the Capitol and against former President Donald J. Trump. More about Alan Feuer"
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