Florida Judge Dismisses US Justice Department’s Classified Documents Case Against Donald Trump

A Florida court has rejected the US Justice Department’s confidential materials lawsuit against Donald Trump, handing the former president a major victory only days after a gunman attempted to assassinate him.

Judge Aileen Cannon granted Donald Trump’s move to dismiss the federal prosecution, arguing that the Justice Department’s appointment of Special Prosecutor Jack Smith violates the Appointments Clause of the US Constitution.

Donald Trump pled not guilty to multiple charges involving his handling of secret materials, including the willful retention of national defense information.

Following Donald Trump’s departure from the White House in 2021, dozens of sensitive files were discovered in his Mar-a-Lago club in Florida, including a shower and storage room.

“The Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” the judge wrote in her 93-page order.

The former president faced multiple felony charges for allegedly mishandling secret documents.

The 37-count indictment charged Donald Trump of hoarding files at his Florida home and lying to investigators. It was claimed that he then attempted to hinder the investigation into managing the documents.

He was indicted alongside aide Walt Nauta and former employee Carlos de Oliveira, who pleaded not guilty.

Attorney General Merrick Garland appointed Mr. Smith in 2022 to oversee two federal investigations into the former president.

Judge Cannon stated that this decision only applies to this case, not a second one overseen by Mr Smith over alleged plans to invalidate the 2020 election.

The former president’s lawyers did not file a similar motion to dismiss the case.

The federal classified materials trial has been postponed indefinitely by a Florida judge chosen by Trump due to concerns over evidence.

Mr Smith’s two federal criminal charges have sparked debate among legal experts about their strengths and weaknesses.

On Monday, Judge Cannon stepped in and declared that such information was irrelevant.

She argued that the mere existence of special counsels, including how they are selected and funded, violates the US Constitution.

Judge Cannon’s decision contradicts the rulings of judges in other US courts who have dealt with these specially appointed prosecutors.

The theory is based on ideas proposed by conservative legal scholars, including Supreme Court Justice Clarence Thomas in the recent presidential immunity decision.

The Supreme Court ruled that former presidents, including Donald Trump, are immune from criminal prosecution for “official acts” in that instance.

In her conclusion, Judge Cannon quoted Justice Thomas’s concurring opinion three times in the Supreme Court ruling, in which he questioned whether there was a legal basis for appointing special counsel.

On Monday, former federal prosecutor Neama Rahmani told the BBC that Judge Cannon’s decision was “stunning, to say the least”.

While Judge Cannon stated that her decision was restricted to this case, Mr Rahmani argued that it calls into question the appointment of special counsels in other situations.

This includes the case of President Joe Biden’s son, Hunter Biden, who was probed by a special counsel and convicted of weapons crimes last month.

However, one significant difference is that the special counsel in that case, David Weiss, is a US attorney for Delaware who, unlike Mr Smith, was chosen by the president and confirmed by the Senate.

Mr Smith can appeal Monday’s verdict and request that a new judge be assigned.

Legal experts believe Judge Cannon’s judgment will be overturned, but the additional delay may benefit Donald Trump’s campaign.

“Her ruling has no chance of being sustained on appeal because it conflicts with decisions of the Supreme Court and other lower courts, but it will have the effect of preventing any more embarrassing revelations before the election,” said David Super, a Georgetown University Law Center professor.

The special counsel has yet to publicly respond to Judge Cannon’s decision.

Judge Cannon’s decision comes as Republicans assemble in Milwaukee, Wisconsin, for the Republican National Convention, where Donald Trump will accept the party’s presidential nomination.

The US election is on November 5th.

On Monday, Donald Trump stated on his social media site that dismissing the case “should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts”.

“Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”

While many Republican politicians applauded the decision, Senate Majority Leader Chuck Schumer, a Democrat, called it “breathtakingly misguided”.

In May, Trump was convicted guilty of falsifying business records in a New York hush-money case. He is scheduled to be sentenced in September.

In addition, he has been accused of four criminal counts in the 2020 election case, including conspiracy to defraud the United States and conspiracy against citizen rights.

In a second lawsuit, Trump and 18 other defendants are accused of criminally scheming to overturn his narrow defeat in Georgia during the 2020 election.

He’s denied any misconduct.

Source: BBC