Federal Judge Dismisses Charges Against Trump Over Mishandling Classified Documents

Washington — The federal judge overseeing the case alleging former President Donald Trump mishandled sensitive government documents after leaving the White House has dismissed the charges against him and his two codefendants. U.S. District Judge Aileen Cannon said in a 93-page order that she has granted Trump's bid to dismiss the indictment based on the unlawful funding and appointment of special counsel Jack Smith, who brought the charges against the former president.

Judge's Ruling

"The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers," wrote Cannon, who was appointed to the bench by Trump.

The former president faced 40 charges stemming from his handling of documents marked classified after leaving office and allegedly obstructing the Justice Department's investigation. The former president and his aides Walt Nauta and Carlos de Oliveira were charged in an alleged scheme to impede the federal probe, and all three pleaded not guilty.

Judge's Order

In her order, Cannon said Smith's appointment violates the Constitution's Appointments Clause and his use of a "permanent indefinite appropriation" violates the Appropriations Clause. Dismissal of the indictment is the "only appropriate solution" for the violation of the Appointments Clause, the judge said, and she ordered the case to be closed. Cannon did not address the remedy for the funding violation given her finding that the indictment should be dismissed on the grounds that Smith was improperly appointed.

The judge wrote that if the political branches want to grant the attorney general the power to appoint Smith to investigate and prosecute Trump, with the powers of a U.S. attorney, there is a valid means to do so: he can be appointed and confirmed through the method laid out in the Appointments Clause, or Congress can authorize his appointment through legislation consistent with the Constitution.

"Both the Appointments and Appropriations challenges as framed in the Motion raise the following threshold question: is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution?" Cannon wrote. "After careful study of this seminal issue, the answer is no."