Federal judge dismisses criminal case over Trump’s secret documents • Oklahoma Voice

The case against former President Donald Trump for using secret federal documents was dismissed by a Florida judge on Monday on the grounds that the Justice Department improperly appointed special counsel Jack Smith.

Although the order is likely to be appealed, it is even less likely that Trump will face trial on any of the federal charges against him before the election. The order came on the first day of the Republican National Convention, where Trump will be officially nominated as the Republican presidential candidate for 2024.

Trump, who was injured at a rally in Pennsylvania on Saturday, has been charged with attempted assassination in federal court in Washington, DC. He is accused of trying to rig the outcome of the 2020 presidential election. The case is pending due to the U.S. Supreme Court’s ruling on presidential immunity.

In May, Trump was found guilty in a New York state court of 34 felonies for falsifying business records related to a hush-money payment before the 2016 presidential election. Trump’s sentencing has been postponed until September while the court reviews the federal immunity ruling.

In a 93-page ruling Monday, federal district judge Aileen Cannon wrote that Smith’s appointment violated two clauses of the U.S. Constitution that govern how presidential administrations and Congress appoint and confirm “officers of the United States” and how taxpayer money may be used to pay their salaries and other expenses.

“After carefully considering the fundamental objections raised in the motion, the Court is convinced that Special Counsel Smith’s pursuit of this proceeding violates two structural cornerstones of our constitutional system – the role of Congress in appointing constitutional officers and the role of Congress in legislatively authorizing spending,” wrote Cannon, who serves as a judge in the Southern District of Florida.

She was nominated by Trump in 2020 and confirmed by the U.S. Senate later that year.

In February, Trump’s team filed a motion to dismiss the lawsuit, accusing Smith of being improperly appointed and paid.

The Trump case, which involved secret documents, was a historic first for the United States: a former sitting president had never been charged with federal crimes.

A federal grand jury brought 37-count indictments against the former president and his adviser Walt Nauta in June 2023. It accused the former president and his adviser Walt Nauta of serious crimes related to the misuse of secret documents after his term in office, including their storage at his Mar-a-Lago estate in Florida.

Just over a month later, a new indictment was filed that included new charges against the former president and also added Trump’s Mar-a-Lago property manager Carlos De Oliveira as a co-defendant.

Cannon’s order dismisses the July 2023 indictment.

The court will now close the case and cancel all scheduled hearings. All pending motions will be considered moot, according to Cannon’s order.

The Justice Department did not immediately respond to a request for comment.

Senate Majority Leader Chuck Schumer said in a statement Monday that the “breathtakingly misguided ruling runs counter to long-accepted practice and repeated case law precedent.”

“It is legally wrong and must be challenged immediately. This is further proof that Judge Cannon cannot handle this case impartially and must be reassigned,” the New York Democrat said.

This is a developing story that will be updated.