MIAMI (Diya TV) – Judge Aileen Cannon dismissed the criminal classified documents case against former President Donald Trump and two co-defendants on Monday. The decision ruled that the appointment of special counsel Jack Smith violated the U.S. Constitution’s appointments clause.
The Department of Justice quickly authorized an appeal to the 11th Circuit U.S. Court of Appeals. “The dismissal deviates from the uniform conclusion of all previous courts that the Attorney General is authorized to appoint a Special Counsel,” said Peter Carr, a spokesman for Smith.
Trump was accused of illegally retaining hundreds of classified documents at Mar-a-Lago after leaving the White House in January 2021 and attempting to hide them from government officials. Cannon’s ruling also cleared Trump’s valet Walt Nauta and Mar-a-Lago worker Carlos De Oliveira. This decision comes just before the Republican National Convention in Milwaukee, where Trump is expected to be confirmed as the GOP presidential nominee.
Cannon, appointed by Trump, directed the case to be closed, stating that Smith’s position violated constitutional clauses on appointments and appropriations. “The Special Counsel’s position effectively usurps legislative authority, threatening the structural liberty inherent in the separation of powers,” Cannon wrote.
Smith’s appeal is likely to stretch beyond the upcoming presidential election, potentially delaying any trial until at least 2025. If Trump wins the election, he could direct his attorney general to dismiss the case and another pending federal prosecution in Washington, D.C., where Smith is also involved.
This ruling is part of a series of controversial decisions by Cannon that have favored Trump. In a social media post, Trump celebrated the ruling and called for the dismissal of all pending cases against him, including those in Washington, D.C., Manhattan, New York, and Georgia.
Trump’s lawyer Christopher Kise praised the decision, saying it restored the rule of law. On the other hand, Senate Majority Leader Chuck Schumer criticized the ruling, calling it “breathtakingly misguided” and urging an immediate appeal.
Legal experts believe the question of Smith’s appointment will likely reach the U.S. Supreme Court. Cannon ruled that Smith’s use of “permanent indefinite appropriation” for his office funding also violated the constitutional clause. She emphasized that the Appointments Clause is crucial for maintaining the separation of powers, and the Special Counsel’s position undermines this balance.
