MIAMI: A Florida judge appointed by Donald Trump has dismissed the criminal case against him on charges of mishandling top secret documents, in a stunning victory for the former president who immediately called for an end to his other pending cases.
The staggering decision effectively removes a major legal threat for Trump, who faces multiple criminal cases as he tries to regain the White House from US President Joe Biden.
It will add to his seemingly unstoppable momentum on the first day of the Republican National Convention, where he is set to become the party’s official nominee for president just days after surviving an assassination attempt.
In her ruling, Federal Judge Aileen Cannon said that Special Counsel Jack Smith was unlawfully appointed and that the case should be therefore tossed.
Smith was appointed as special counsel in 2022 by Biden-appointee Attorney General Merrick Garland.
He was tasked with overseeing the investigations into Trump’s handling of classified documents after he left office, as well as his efforts to overturn the 2020 presidential election results.
The Trump-appointed judge made her ruling after lawyers for the 78-year-old argued for a partial stay of proceedings to allow for an assessment of a new Supreme Court ruling that a former president has broad immunity from prosecution.
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“Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is granted,” Cannon wrote in her order.
In a 93-page opinion, Cannon said Smith’s appointment and funding usurped the role of Congress, echoing a recent opinion put forward by Clarence Thomas, one of the conservatives who dominate the Supreme Court.
“The Court is convinced that Special Counsel’s Smith’s prosecution of this action 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,” she concluded.
“The clerk is directed to close this case,” the judge wrote.
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