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Judge dismisses Trump classified docs case over concerns with prosecutor’s appointment

The federal judge presiding over the classified documents case of former President Donald Trump in Florida has dismissed the prosecution because of concerns over the appointment of the prosecutor who brought the case. U.S. District Judge Aileen Cannon granted the defense motion to dismiss the case on Monday. Lawyers for Trump had argued that special counsel Jack Smith was illicitly appointed and that his office was improperly funded by the Justice Department.

Quick Read

Key Points on the Dismissal of Trump’s Classified Documents Case

  • Case Dismissed: The federal judge presiding over Trump’s classified documents case in Florida has dismissed the prosecution.
  • Judge’s Decision: U.S. District Judge Aileen Cannon granted the defense’s motion to dismiss the case.
  • Defense Argument: Trump’s lawyers argued that special counsel Jack Smith was improperly appointed and that his office was improperly funded by the Justice Department.
  • No Immediate Comments: A spokesperson for Jack Smith and a lawyer for Trump did not immediately respond to requests for comment.

The Associated Press has the story:

Judge dismisses Trump classified docs case over concerns with prosecutor’s appointment

Newslooks- WASHINGTON (AP) —

The federal judge presiding over the classified documents case of former President Donald Trump in Florida has dismissed the prosecution because of concerns over the appointment of the prosecutor who brought the case.

FILE – In this image from video provided by the Senate Judiciary Committee, Aileen Cannon testifies virtually during her nomination hearing to the Senate Judiciary Committee in Washington, on July 29, 2020. (Senate Judiciary Committee via AP)

U.S. District Judge Aileen Cannon granted the defense motion to dismiss the case on Monday.

Lawyers for Trump had argued that special counsel Jack Smith was illicitly appointed and that his office was improperly funded by the Justice Department.

FILE – Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington. The Supreme Court said Friday, Dec. 22, that it will not immediately take up a plea by special counsel Jack Smith to rule on whether former President Donald Trump can be prosecuted for his actions to overturn the 2020 election results. (AP Photo/J. Scott Applewhite, File)

Cannon, whose handling of the case had drawn scrutiny since before the charges were even filed, agreed, writing in a 93-page order: “The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere — whether in this case or in another case, whether in times of heightened national need or not.”

Smith’s team had vigorously contested the argument during hearings before Cannon last month and told Cannon that even if ruled in the defense team’s favor, the proper correction would not be to dismiss the entire case.

A spokesperson for Smith and a lawyer for Trump didn’t immediately respond to messages seeking comment.

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