Trump Classified Documents Case Dismissed By Judge Cannon

 

Former President Donald Trump holds up a fist as he arrives back at Trump Tower after being convicted in his criminal trial in New York City, on May 30

KEY FACTS

Cannon sided with Trump’s request to dismiss the charges against him under the Constitution’s Appointment Clause, as the ex-president claimed Smith’s appointment by U.S. Attorney General Merrick Garland violated the law.

Trump was indicted on 40 federal felony charges for allegedly withholding national security information by bringing White House documents—including classified materials—back to Mar-a-Lago with him, and for allegedly obstructing the government’s investigation into retrieving the documents.

The judge—a Trump appointee—ruled someone with Smith’s level of power should only have been appointed by the president and confirmed by the Senate.

She also ruled Smith’s appointment violated the Constitution’s Appropriations Clause, because Congress had not appropriated funds to Smith’s investigations as required under federal law.

Cannon ordered the case to be closed, but noted in her order that the ruling does not affect any other legal proceedings—meaning it will not end the separate federal case against Trump for trying to overturn the 2020 election.

The Justice Department has not yet responded to a request for comment.

WHAT TO WATCH FOR

The DOJ can still appeal Cannon’s dismissal to the 11th Circuit Court of Appeals—and to the Supreme Court after that, if necessary. Legal experts noted Monday the ruling could present an opportunity for prosecutors to request a new judge in the case if the appeals court allows it to move forward. Critics have long protested Cannon’s handling of the case, as the judge has pushed back deadlines and issued rulings favorable to Trump. Law professor Anthony Michael Kreis also raised the possibility that the DOJ could get the U.S. Attorney in Florida to take over the case and reindict Trump—rather than Smith—which wouldn’t present the same issues about the special counsel’s appointment. The case will inevitably be significantly delayed even if it does move forward on appeal, however—which means that if Trump wins the election, he could appoint DOJ officials who will drop the charges against him, dismissing the case even if the 11th Circuit overturned Cannon’s ruling.

SURPRISING FACT

Cannon’s ruling came after Supreme Court Justice Clarence Thomas made the same argument in his concurrence to the court’s ruling granting Trump some immunity from criminal prosecution in his federal election case. Thomas used his concurrence to challenge Smith’s appointment, writing, “If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution.” The justice claimed that the questions about Smith’s appointment “must be answered before this prosecution can proceed.”

WHAT WE DON’T KNOW

How this will affect Trump’s federal election case. That case is expected to resume on Friday after the Supreme Court’s ruling on immunity, which found that Trump can’t be charged with anything that’s based on his official acts as president, but said it’s up to the lower court to determine which actions count as “official acts” and which are “unofficial acts” that can still be prosecuted. U.S. District Judge Tanya Chutkan, who’s overseeing that case, has been much less deferential toward Trump in the past than Cannon, suggesting she would be less willing to throw out the charges. That being said, it remains to be seen how Cannon’s ruling could affect the case regardless, such as if Trump appeals any ruling by Chutkan upholding Smith’s appointment to the Supreme Court.