WASHINGTON (AP) — A federal judge in Florida dismissed the classified documents case against former President Donald Trump on Monday, agreeing with defense lawyers who argued that the special counsel who brought the charges was illegally appointed by the Justice Department.
Shortly afterward, special counsel Jack Smith’s office announced plans to appeal the order, which might be overturned by a higher court. For now, the dismissal by U.S. District Judge Aileen Cannon halts a criminal case that was seen as the most serious of the legal threats Trump faced.
Though the case had long been stalled, and a trial before the November election seemed unlikely, Judge Cannon’s order represents a significant legal and political victory for Trump as he recovers from an assassination attempt over the weekend and prepares to accept the Republican nomination in Milwaukee this week.
This development is the latest stroke of luck in the four criminal cases Trump has faced. He was convicted in May in his New York hush money trial, but sentencing was postponed after a Supreme Court opinion granted broad immunity to former presidents. That opinion is expected to delay a separate case accusing Trump of attempting to overturn his 2020 election loss to Democrat Joe Biden. Another case of election subversion filed in Atlanta has been delayed due to revelations of a relationship between the district attorney and a special prosecutor.
In a statement on his social media platform, Trump said the dismissal “should be just the first step” and called for the three other cases, which he described as “Witch Hunts,” to be thrown out as well.
The classified documents case was considered the most legally straightforward of the four, given the extensive evidence prosecutors claimed to have, including testimony from close aides and former lawyers, and because the conduct in question occurred after Trump left the White House in 2021.
The indictment included numerous felony counts, accusing Trump of illegally keeping classified records from his presidency at his Mar-a-Lago estate in Florida and obstructing FBI attempts to retrieve them. Trump pleaded not guilty and denied any wrongdoing.
Defense lawyers challenged the case on various grounds, including constitutional claims that special counsel Jack Smith’s appointment by Attorney General Merrick Garland violated the Appointments Clause since it did not go through Congress. Cannon agreed, stating Garland had overstepped his bounds by appointing a prosecutor without Senate confirmation and had undermined congressional authority.
Judge Cannon wrote in a 93-page order that the special counsel’s position usurped significant legislative authority and threatened the separation of powers. She added that granting the Attorney General the power to appoint a special counsel should require congressional approval.
A spokesman for Smith, Peter Carr, stated that the Justice Department had authorized an appeal, arguing that the Attorney General is authorized by statute to appoint a special counsel.
This order is another example of the Trump-appointed judge handling the case in ways that benefit the former president. Her decisions have faced scrutiny, including her appointment of an independent arbiter for the classified documents recovered during the August 2022 search of Mar-a-Lago, which was overturned by a federal appeals panel.
Since the charges were filed, Cannon has delayed rulings — favoring Trump’s strategy of securing delays in all his criminal cases — and considered defense motions other judges might have dismissed. In May, she indefinitely canceled the trial date due to unresolved legal issues.
Smith’s team contested the Appointments Clause argument, asserting that Justice Department leadership has the authority to name and fund a special counsel. They pointed out that similar arguments had been rejected in other cases involving other special counsels appointed by both Democratic and Republican administrations.
For example, Trump-appointed judges rejected similar arguments in the federal tax and firearms cases against President Joe Biden’s son, Hunter. Additionally, a District of Columbia judge upheld the appointment of special counsel Robert Mueller, chosen by Trump’s Justice Department to investigate potential ties between Russia and Trump’s 2016 campaign.
However, Cannon remained unconvinced, calling the prosecution’s claims “strained.” She cited a recent Supreme Court ruling that said former presidents enjoy expansive immunity from prosecution, referencing a separate concurrence by Justice Clarence Thomas questioning the appointment’s legality.
Trump lawyer Chris Kise praised Cannon’s decision, calling it “courageous and correct.” He stated, “Judge Cannon today restored the rule of law and made the right call for America. Jack Smith is not above the law and must be held accountable under the Constitution.”
Associated Press writers Alanna Durkin Richer and Lindsay Whitehurst in Washington contributed to this report.