A Florida judge dismissed the case against former President Trump for the handling of classified documents, citing the appointment of special counsel Jack Smith as unconstitutional. Legal experts have praised the judge’s “strongly reasoned” opinion, as it eliminated what was seen as the “greatest legal threat” to the presumptive 2024 GOP just ahead of the Republican National Convention. Trump had faced charges including willful retention of national defense information, conspiracy to obstruct justice, and false statements stemming from Smith’s investigation into his possession of classified materials at Trump’s Mar-a-Lago residence. The dismissal of this case is seen as a significant victory for Trump, as it was considered the most serious of the four criminal cases filed against him.
According to Jonathan Turley, a defense attorney and law professor, the dismissal of this case would be at the top of the list of cases that could be dismissed, and for now, at least, the threat has been eliminated. The constitutional attorney John Yoo noted that the question of the constitutionality of special counsel appointments has been debated for over 20 years, and Smith’s aggressive approach prompted close scrutiny from the courts. John Shu, a constitutional attorney who served in both Bush administrations, explained that Congress allowed the independent counsel statute to lapse, leaving the Department of Justice to create its own regulations for special counsels. The decision by Judge Cannon has been described as very thorough, strongly reasoned, and persuasive, as it delves into the history of special counsels and the statutes involved.
The case against Trump was seen as a significant legal threat to his future political ambitions, and its dismissal is a major victory for the former president. This decision adds to a string of legal victories for Trump, including a recent Supreme Court ruling granting limited immunity to him and future presidents for official acts in office. This ruling directly impacted Smith’s separate case against Trump related to the Jan. 6, 2021 Capitol riot. Jim Trusty, a former federal prosecutor and former lawyer for Trump, criticized the use of lawfare to target Trump, suggesting that these prosecutions were driven by a desire to stop him and were collapsing under their own weight.
Some legal experts have highlighted the long-standing debate around the constitutionality of special counsel appointments, with courts generally being deferential to the Justice Department in this regard. However, Smith’s aggressive approach in pursuing Trump prompted closer scrutiny from the courts, leading to the dismissal of the case on the grounds of the unconstitutional appointment of the special counsel. The decision by Judge Cannon has been praised for its well-reasoned and well-written nature, as it thoroughly examines the history of special counsels and the relevant statutes. Overall, the dismissal of this case represents a significant legal victory for Trump, removing what was seen as the greatest legal threat to his future political aspirations just ahead of the Republican National Convention.
