In a landmark decision, former President Donald Trump succeeded in having the classified documents case against him dismissed on Monday after a federal judge ruled special counsel Jack Smith was improperly appointed.
U.S. District Judge Aileen Cannon granted Trump’s motion to dismiss the indictment, finding Attorney General Merrick Garland did not correctly appoint Smith. The dismissal was grounded in two primary constitutional violations: the Appointments Clause and the Appropriations Clause of the United States Constitution.
“The Superseding Indictment is dismissed because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution,” Cannon wrote in a 93-page ruling.
The decision means that the classified documents case against Trump will no longer proceed, although Smith will have the ability to appeal to the U.S. Court of Appeals for the 11th Circuit. That appeals court previously reversed Cannon’s decision to appoint a special master to review classified documents before the 40-count indictment was levied against Trump in the summer of 2023.
Trump’s defense challenged the legality of Smith’s appointment and the funding of his office, leading to a complex legal battle over constitutional principles and statutory interpretation. The court ultimately sided with Trump, emphasizing that the Appointments Clause serves as a critical safeguard in maintaining the separation of powers and ensuring democratic accountability.
The classified documents case began when a grand jury in the Southern District of Florida indicted Trump on multiple counts of willful retention of national defense information at his Mar-a-Lago residence, as well as conspiracy and concealment charges involving Trump and his associates. The indictment was signed by Smith, who was appointed by Garland in November 2022.
For Trump, the dismissal represents a significant legal victory, removing one of three major legal threats remaining against him, and it comes just two days after he survived an attempted assassination.
However, it also raises questions about the future of similar prosecutions and the mechanisms by which special counsels are appointed and funded in the United States.
The decision also leaned heavily on the latest Supreme Court presidential immunity decision from July 1, in which Justice Clarence Thomas was the lone justice to raise issues about the legality of Smith’s appointment.
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The Washington Examiner contacted a spokesperson for the special counsel’s office.
Ashley Oliver contributed to this report.
Read the 93-page decision here:
Trump classified documents case dismissed by Kaelan Deese on Scribd
