Trump classified documents case dismissed by federal judge

Judge Aileen Cannon says appointing special counsel Jack Smith was breach of clause in US Constitution

Donald Trump faces 40 counts of conspiring to hide classified documents. AFP

A federal judge in Florida on Monday moved to dismiss a government case against former US president Donald Trump that focused on his alleged possession of classified documents after he left office.

Judge Aileen Cannon, who was appointed by Trump, dismissed the federal indictment because she believes naming special counsel Jack Smith to the case was a breach of the Appointments Clause in the US Constitution.

“Is there a statute in the United States Code that authorises the appointment of Special Counsel Smith to conduct this prosecution? After careful study of this seminal issue, the answer is no,” she said in her ruling.

Ms Cannon argued that the Department of Justice's appointment of an independent special counsel – Mr Smith – to oversee legal cases against Trump was unconstitutional and encroached on legislative powers.

“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,” she wrote.

Her decision threatens a long-standing practice of the Justice Department to appoint prosecutors to independently handle sensitive and controversial cases that involve presidents or high-level people within their administration to assuage public concern and reach justice fairly.

It is expected Mr Smith will appeal the ruling, which would take place through the Atlanta-based 11th Circuit Court of Appeals.

Trump has been accused of storing hundreds of classified documents in his Florida home and Mar-a-Lago resort after his presidency ended in January 2021.

Many of the files were marked “confidential”, “secret” and “top secret”, meaning the materials required the highest level of security clearance to view.

Some also were marked “Scif”, which requires that they be stored in a “sensitive compartmented information facility” with extra security and specific clearances.

The Republican presidential candidate has pleaded not guilty to 40 counts of conspiring to hide the sensitive documents, obstruction of justice for not co-operating with the government to return all of the files, and making false statements.

Filed in June 2023, the case became the first time a former US president has been indicted by a federal grand jury.

Trump reacted positively to the news in a post on Truth Social: “Let us come together to END all Weaponisation of our Justice System, and Make America Great Again!”

The case is seen as one of most serious and challenging of the many legal charges Trump is facing.

“As we move forward in Uniting our Nation after the horrific events on Saturday, the dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts,” he wrote, making a reference to a fatal shooting at a Pennsylvania rally on Saturday, during which he was grazed by a gunshot.

In late May, Ms Cannon indefinitely postponed the trial for the case, which was scheduled to begin on May 20.

Ms Cannon's handling of the case has been controversial as she was appointed by Trump during his presidency and critics have said she has worked to delay the legal proceedings.

Her decisions have been overturned several times by the 11th Circuit Court of Appeals.

The Justice Department has also accused Ms Cannon for giving “extraordinary relief” to Trump and his defence team in the case.

The agency said in 2022 that she “continues to cause significant harm to the government and the public” with her rulings, specifically ones requiring a special master review of government documents.

The 11th Circuit agreed and said Ms Cannon had “improperly exercised equitable jurisdiction”.