Judge Dismisses Classified Documents Case Against Trump

Judge Aileen Cannon has dismissed the classified documents case against Donald Trump ruling that the appointment of the special counsel, Jack Smith, violated the Constitution. The indictment charges Trump with illegally holding onto a large number of highly sensitive government documents after he left office and refusing numerous requests to return them.

From the New York Times:

In a stunning ruling, the judge, Aileen M. Cannon, found that because Mr. Smith had not been named to the post of special counsel by the president or confirmed by the Senate, his appointment was in violation of the appointments clause of the Constitution.

The ruling by Judge Cannon, who was put on the bench by Mr. Trump, flew in the face of previous court decisions reaching back to the Watergate era. 

The ruling rolls back nearly 30 years of how special counsels have gotten their jobs. Special counsels are governed by Justice Department regulations set through the statutory authority of the attorney general.

That has been the case since the Clinton administration, when the previous law on independent prosecutors was allowed to lapse in the wake of the Whitewater investigations.

Smith’s team will almost certainly appeal the ruling by Judge Cannon. The case wasn’t going to make it to trial before the election at this point due to Trump’s legal team filing delays. If Trump wins in November, I expect he will order the charges dropped.


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