Donald TrumpSteven Hirsch/Pool via REUTERS
Judge throws out classified documents case against Trump
Judge Aileen Cannon dismissed the case against former president for allegedly mishandling classified documents on grounds the appointment of a special counsel was unconstitutional.
The case against former President Donald Trump for mishandling classified documents was thrown out by a federal judge in Florida on Monday.
Judge Aileen Cannon dismissed the case and stated that the appointment of a special counsel in the case had been unconstitutional.
The decision states, “Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful 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.”
Trump has been accused of illegally keeping classified documents at his Mar-a-Lago home in Florida after he left office. Trump faced 37 counts in the case, including 31 counts of willful retention of national defense information.
In August 2022, the US government recovered more than 300 documents with classified markings from Mar-a-Lago.
