Judge Aileen Cannon on Monday dismissed former President Trump’s criminal case involving mishandling classified information, citing the unlawful appointment of special counsel Jack Smith.
In a significant win for Trump, marking the first complete dismissal among his four criminal cases, Cannon ruled that Smith’s appointment lacked legal basis.
“The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers,” Cannon wrote in her 93-page decision. “And it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers.”
“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”
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“In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny,” Cannon stated.
Trump faced 40 charges related to mishandling classified records and obstructing their retrieval after leaving office, pleading not guilty.
The ruling follows an attempted assassination on Trump, prompting his call for unity on Truth Social: “This dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts,” Trump wrote on Truth Social.
Cannon’s decision echoed concerns raised by Justice Clarence Thomas, a prominent conservative who has faced accusations of corruption and close ties to the January 6 insurrection, in a separate case involving Trump’s immunity defense. Thomas emphasized the importance of proper authorization in such prosecutions.
While Cannon’s ruling affects Trump’s co-defendants and raises questions about other special counsel appointments, she underscored its relevance specifically to this case.
Appointed by Trump, Cannon had previously entertained external arguments on the appointment’s legality.
This dismissal does not impact Trump’s other ongoing legal battles, including those related to allegations of 2020 election subversion.
