US District Court Judge Aileen Cannon has dismissed Donald Trump’s classified documents case, ruling that the appointment of Special Counsel Jack Smith violated the appointments clause of the U.S. Constitution. This case followed the unprecedented raid on Mar-a-Logo in August 2022.
Judge Cannon’s dismissal order points to the “unlawful appointment and funding of Special Counsel Jack Smith…”
Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.672.0_2.pdf
Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order [ECF No. 326]. The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution. U.S. Const., Art. II, § 2, cl. 2. Special Counsel Smith’s use of a permanent indefinite appropriation also violates the Appropriations Clause, U.S. Const., Art. I, § 9, cl. 7, but the Court need not address the proper remedy for that funding violation given the dismissal on Appointments Clause grounds.
In a statement on Truth Social, Donald Trump commented on the dismissal of documents case:
“As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts — The January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia “Perfect” Phone Call charges. The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”
Jack Smith has not indicated whether or not the decision would be appealed.