Federal District Judge Aileen Cannon dismissed the classified documents case against Donald Trump. The case was one of the biggest legal battles facing the former President. Legal experts had considered the case the strongest of the four currently pending against him.
Classified Documents Case Dismissed
Cannon, a judge Trump appointed in 2020, handed down a 93-page ruling in the classified documents case stating that the appointment of special counsel Jack Smith was a constitutional violation. Last year, Smith charged Trump with taking classified White House documents and refusing to return them to government officials. The judge did not state whether Trump handled the documents improperly.
Trump had launched efforts to have the case dismissed under the appointments clause. Initially, most thought he would not be successful, but he gained the support of Supreme Court Justice Clarence Thomas.
Thomas added a footnote in Trump’s immunity decision. He questioned “whether the Attorney General violated that structure by creating an office of the Special Counsel that has not been established by law.”
Violation of the Appointment Clause
Attorney General Merrick Garland appointed Smith as special counsel in November of 2022. Smith oversaw federal investigations into Trump’s handling of classified documents after he left office. He also investigated Trump’s attempts to overturn the 2020 election results.
Trump’s lawyers argued that Smith’s authority violated the Constitution’s appointment clause, alleging he appointed Smith without Senate confirmation. Cannon agreed that the appointment was improper.
Trump’s Reaction
The dismissal of the classified documents case coincides with the first day of the Republican National Convention. Although legal experts doubted a trial would occur before the election, they viewed this case as the strongest of the four Trump currently faces.
The former president is also facing a separate criminal case brought by Smith for his attempts to overturn the 2020 election results. He must stand trial for a state-level election subversion case in Georgia. Courts convicted him for participating in a hush-money scheme before the 2016 election.
Trump took to the Truth Social platform, stating the dismissal “should be the first step.” He believes the court will dismiss his other cases too, referring to them as “political attacks.”
Classified Documents Case Ruling Appeal
The special counsel’s office will appeal the dismissal of the classified documents case. Spokesman Peter Carr stated that the Justice Department approved the appeal. “The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint as special counsel,” he said.
The 11th Circuit U.S. Court of Appeals will hear the appeal and consider oral arguments. Even if the court overturns Cannon’s ruling, her decision will almost guarantee that the classified documents case will not go to trial before the election.
Revival of the Case
Cannon acknowledges that the Justice Department could revive the case if it reallocates funds to finance the continued operation of Special Counsel Smith’s office. However, it’s unclear whether it would meet regulatory qualifications to return to court.
“For more than 18 months, Special Counsel Smith’s investigation and prosecution has been financed by substantial funds drawn from the Treasury without statutory authorization. An attempt to rewrite history at this point seems near impossible,” Cannon stated. “The Court can not see how a remedy short of dismissal would cure this substantial separations-of-powers violation, but the answers are not entirely self-evident, and the caselaw is not well developed.”
Her ruling also noted that Smith’s team suggested restructuring the office’s funding as a solution. There were no further updates on the matter.