Special counsel Jack Smith‘s classified documents case against former President Donald Trump was dismissed by the presiding federal judge in Florida on Monday.
District Court Judge Aileen Cannon, who was nominated to her position by Trump, said Smith’s appointment as special counsel was unconstitutional.
The indictment “is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the U.S. Constitution,” Cannon wrote in an order granting Trump’s motion to dismiss.
Cannon also found that Smith’s “use of a permanent indefinite appropriation” violated the Appropriations Clause of the Constitution, but she said the court “need not address the proper remedy for that funding violation given the dismissal on Appointments Clause grounds.”
The judge further stated the “effect of this Order is confined to this proceeding.”
In a post to Truth Social, Trump declared, “this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts.”
A spokesman for Smith, Peter Carr, indicated in a statement that the special counsel would file an appeal.
The dismissal “deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,” Carr said. “The Justice Department has authorized the Special Counsel to appeal the court’s order.”
CNN reported that defense lawyers and prosecutors argued for and against dismissal on constitutional grounds last month.
While Trump’s legal team said that Smith’s position was tantamount to a “shadow government” without Senate confirmation, prosecutors contended the special counsel was properly appointed and they were “following” the rules.
Cannon said on Monday the “bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers.”
The judge added, “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.”
Because the whole indictment in the case had been dismissed, the charges against co-defendants Walt Nauta and Carlos De Oliveira were also dropped, according to The Washington Post.
The dismissal comes two days after Trump survived an assassination attempt at a rally in Pennsylvania. A gunman opened fire and a bullet ripped through Trump’s ear. Secret Service personnel killed the shooter, but not before one rally-goer was killed and two others were injured.
Smith was appointed as special counsel by Attorney General Merrick Garland in November 2022. He was tasked with taking over the investigations into Trump’s retention of classified documents after leaving office and a second one related to the 2020 election.
Trump has contended with four criminal prosecutions while running another campaign for the White House. For the classified documents case in particular, he faced dozens of charges related to willful retention of classified documents and obstruction.
Smith is still leading the case in Washington, D.C., that led to charges against Trump related to the 2020 election. Fulton County District Attorney Fani Willis is spearheading a separate 2020 election case in Georgia that also resulted in charges.
The former president has pleaded not guilty throughout. He has also had to deal with gag orders in some of the cases.
In May, a jury convicted Trump on dozens of felony counts in a New York hush-money case. Sentencing has been postponed until at least September as Trump seeks to get the conviction thrown out after the Supreme Court ruled that he has immunity for official acts.
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