Judge dismisses Trump’s classified documents case: Read the court order in full
Judge Aileen Cannon ruled that the appointment of special counsel Jack Smith has violated the Constitution
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Donald Trump’s classified documents case was dismissed by Judge Aileen Cannon on Monday, ruling that the appointment of special counsel Jack Smith violated the Constitution.
Cannon, who was appointed to the bench by the former president, wrote in the bombshell order: “In the end, it seems the Executive’s growing comfort in appointing ‘regulatory’ special counsels in the more recent era has followed an ad hoc pattern with little judicial scrutiny.”
Because Smith wasn’t named as special counsel by the president or confirmed by the Senate, his appointment violated the appointments clause of the Constitution, she ruled.
In June 2023, the former president was charged with mishandling classified documents after leaving the White House in January 2021. The indictment marked the first time a current or former president had ever been charged with a federal crime.
One month later, he was hit with additional charges in a superseding indictment.
Trump had been fighting for the case to be thrown out ever since, with his attorneys arguing in several recent court hearings and filings that Smith’s appointment and the funding of his office was unlawful.
Cannon’s dismissal of the case goes against previous decisions dating back to the 1970s around the appointment of independent prosecutors.
Read the judge’s full court order here:
Subscribe to Independent Premium to bookmark this article
Want to bookmark your favourite articles and stories to read or reference later? Start your Independent Premium subscription today.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments