A Florida judge appointed by Donald Trump has dismissed the criminal case against the former president on charges of mishandling top secret documents, saying the way that Special Counsel Jack Smith was appointed was improper.
US District Judge Aileen Cannon granted the defence motion to dismiss the case on Monday, voiding a prosecution that at the time it was brought was seen as the most perilous of the multiple legal threats Trump faced.
Lawyers for Trump had argued that special counsel Jack Smith was illicitly appointed in violation of the Constitution’s Appointments Clause that his office was improperly funded by the Justice Department.
The decision is a huge victory for Trump, who had been accused of endangering national security by holding onto top secret documents after leaving the White House.
Judge Aileen Cannon made her ruling after lawyers for the 78-year-old argued for a partial stay of proceedings to allow for an assessment of a Supreme Court ruling that a former president has broad immunity from prosecution.
“Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED,” Aileen wrote in her order.
“The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”
