Judge Aileen Cannon has dismissed all charges in a federal court case in Florida against former President Donald Trump for his alleged involvement in taking classified documents with him to his Mar-a-Lago residence after leaving office.
Cannon agreed with Trump's lawyers that the Department of Justice's appointment of special counsel Jack Smith was "unlawful" for violating the "appointments clause." In 2023, Attorney General Merrick Garland named Smith the special counsel in charge of multiple investigations involving Trump, including the classified documents probe.
The Department of Justice has a long-standing policy of resisting political influence on investigations involving major political figures. It has been customary for the Department of Justice to appoint a special counsel in such cases. A special counsel was also picked in the Department of Justice's investigation into President Joe Biden's son Hunter Biden.
Prior to Cannon dismissing the charges, Trump faced 40 criminal counts. Personal aide Walt Nauta faced eight counts while Mar-a-Lago property manager Carlos De Oliveira had four counts against him. Their charges were also dismissed.
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The case was one of four criminal cases involving Trump, including one of two federal cases. Previously, Trump was convicted on 34 criminal counts in a hush-money case in New York.
Trump reacted to Cannon's announcement on his Truth Social account.
"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," Trump wrote. "The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME."
Earlier this month, Justice Clarence Thomas wrote in a concurring opinion in a case involving presidential immunity that he questioned Smith's appointment.
"A private citizen cannot criminally prosecute anyone, let alone a former President," Thomas wrote. "No former President has faced criminal prosecution for his acts while in office in the more than 200 years since the founding of our country. And, that is so despite numerous past Presidents taking actions that many would argue constitute crimes. If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding."
In a statement Monday, a spokesperson for Special Counsel Jack Smith’s Office said, "The dismissal of the case 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. The Justice Department has authorized the Special Counsel to appeal the court’s order.”
