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.”
Smith did not immediately comment on the ruling. The Daily Wire has reached out to the Department of Justice for comment.
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.”
Defense lawyers and prosecutors argued for and against, respectively, against dismissal on constitutional grounds last month. While Trump’s legal team argued that Smith’s position was tantamount to a “shadow government,” prosecutors argued they were “following the rules.”
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 second one related to the 2020 election.
Trump has contended with four criminal cases as he ran another campaign for the White House. He faced dozens of charges related to willful retention of classified documents and obstruction in the classified documents matter.
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.
