Breaking Monday, a federal judge dismissed the classified-documents case against former President Donald Trump. The ruling, issued by Judge Aileen Cannon of Florida, declared that Attorney General Merrick Garland’s appointment of special counsel Jack Smith was unconstitutional.
Judge Cannon’s 93-page opinion outlined the basis for her decision, highlighting two main structural breaches of the constitutional framework. She emphasized the role of Congress in the appointment of constitutional officers and the necessity of congressional authorization for expenditures by law. “Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” she wrote.
The case, as reported by National Review, involved federal prosecutors charging Trump with illegally retaining classified documents after his departure from the White House, which he stored at his Mar-a-Lago resort. Trump faced 40 separate charges before the case was ultimately dismissed. These felony counts included willful retention of national-defense information; withholding or concealing documents in a federal investigation; making false statements; altering, destroying, mutilating, or concealing an object or record; and conspiracy to obstruct justice.
Judge Cannon stated that Garland’s appointment of Smith was unlawful because the president did not nominate him, nor did the Senate confirm him for his prosecutorial position. Additionally, Congress did not appropriate funds for Smith’s investigation as required under federal law. “The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers,” Cannon wrote. “If the political branches wish to grant the Attorney General power to appoint Special Counsel Smith to investigate and prosecute this action with the full powers of a United States Attorney, there is a valid means by which to do so.”
Despite closing the classified-documents case, Judge Cannon noted that her ruling does not impact any of Trump’s other legal proceedings. These include two separate criminal cases centered on Trump’s alleged efforts to overturn the 2020 election results. Jack Smith is prosecuting the federal case related to election subversion, while Fulton County district attorney Fani Willis is focusing on similar allegations in Georgia. Furthermore, Trump has already been convicted on 34 counts of falsifying business records in his hush-money case.