MILWAUKEE — The federal secret documents case against former President Donald Trump was dismissed by a Florida judge on Monday on the grounds that the Justice Department unlawfully appointed special counsel Jack Smith.
The order, while likely to be appealed, further distances the possibility that Trump will be tried before the election on any of the federal charges against him. The order was issued on the first day of the Republican National Convention in Milwaukee, where Trump will formally nominate himself as the GOP presidential candidate in 2024.
Trump, who was injured at a Pennsylvania rally on Saturday in what is being investigated as an attempted assassination, was also charged with federal tax in Washington, DC, for allegedly trying to overturn the results of the 2020 presidential election. The case is pending following a ruling by the U.S. Supreme Court decision on presidential immunity.
In May, Trump was convicted 34 felony counts in New York state court for falsifying business records related to hush money payments in the 2016 presidential election. Trump’s sentence was delayed until September while the court considers a decision on federal immunity.
Trump has also been charged in Georgia with extortion — though the case has been bogged down by personnel issues — and has been ordered to pay hundreds of millions of dollars in penalties resulting from multiple civil lawsuits.
Trump’s Response: Reject All ‘Witch Hunts’
Trump, who arrived in Milwaukee on Sunday, wrote on his social media platform Monday that all cases against him should be dropped following an attempt on his life by a 20-year-old gunman who law enforcement has identified as the shooter. The shooter was killed at the scene.
“As we move closer to uniting our nation after the horrific events of Saturday, dismissing the wrongful indictment in Florida should be just the first step, followed by the swift dismissal of ALL the witch hunts — the January 6th hoax in Washington, the Manhattan DA zombie case, the NY Attorney General scam, the false claims about a woman I’ve never met (don’t count the decades-old photo in line with her then-husband), and the charges for the ‘perfect’ phone call in Georgia,” Trump wrote on Truth Social.
House Speaker Mike Johnson called the ruling “good news for America and the rule of law” and a “tremendously important step” toward unifying the country after Saturday’s shooting in western Pennsylvania.
In a statement released from Milwaukee, the Louisiana Republican said:
“House Republicans have repeatedly argued that Special Counsel Jack Smith abused the powers of his office to court President Trump, and now a federal judge has ruled that Smith never had that power.”
“As we work to unite this country after the failed assassination attempt on President Trump, we must also end the legal battles and political witch hunts that have unfairly targeted President Trump and destroyed Americans’ trust in our justice system,” Johnson continued.
Republican lawmakers largely shared Johnson’s view.
House Republican Conference Chairwoman Elise Stefanik of New York said she appreciated Cannon’s “courage and wisdom” in dismissing the case brought by a “corrupt” special counsel.
“Case dismissed! A major victory for the rule of law,” wrote South Carolina congressman Ralph Norman on X.
GOP Rep. Clay Higgins of Louisiana also posted on the platform: “Win. More to come. MAGA.”
Order of dismissal
In Monday’s 93-page edition orderFederal District Judge Aileen Cannon wrote that Smith’s appointment violates two clauses of the U.S. Constitution that govern how the presidential administration and Congress appoint and confirm “officers of the United States” as well as how taxpayer money can be used to pay their salaries and other expenses.
“After a thorough review of the fundamental challenges raised in the motion, the Court is convinced that Special Counsel Smith’s prosecution of this case violates two structural pillars of our constitutional system — Congress’s role in appointing constitutional officers and Congress’ role in authorizing expenditures under the law,” wrote Cannon, who sits on the bench 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 movement to reject thingaccusing Smith of unlawful employment and remuneration.
The case of disclosing secret documents against Trump was the first of its kind in US history — a former sitting president has never been charged with federal crimes.
In June 2023, a federal grand jury issued a 37-count indictment charging the former president and his assistant, Walt Nauta, with crimes related to the mishandling of secret documents after leaving office, including storing them at his Mar-a-Lago estate in Florida.
A little over a month later, a up-to-date indictment was issued, adding up-to-date charges against the former president. Carlos De Oliveira, Trump’s Mar-a-Lago property manager, also joined as a co-defendant.
Cannon’s order overturns July 2023 decision replacing the indictment.
The court will now close the case and cancel all scheduled hearings. All pending motions are considered moot, according to Cannon’s order.
The Justice Department did not immediately respond to a request for comment.
Democrats criticize ‘flawed ruling’
Cannon’s dismissal of the case drew flak from Democrats who view Trump’s alleged mishandling of secret documents as a stern, punishable offense.
The indictment against Trump details how U.S. government documents marked “secret” and “confidential” were stored at Mar-a-Lago, a growing Palm Beach social club, in a ballroom, a shower room, a bedroom, an office and a storage room.
Senate Majority Leader Chuck Schumer said in a statement Monday that the “egregiously flawed ruling flies in the face of long-established practice and repeated judicial precedent.”
“This is legally wrong and should be immediately appealed. This is further evidence that Judge Cannon cannot handle this case impartially and must be transferred,” the New York Democrat said.
Conor Lamb, a former Pennsylvania congressman, wrote on the X website that the failed assassination attempt on Trump on Saturday does not release him from his obligation to take and keep secret documents after leaving the Oval Office.
“Just as it was unacceptable that the Secret Service failed to protect Trump, it was equally unacceptable that Trump failed to protect our nation’s secrets. Trump is a victim of the former, but that does not change the fact that he is the perpetrator of the latter. Responsible for both,” Lamb wrote.
Not Above the Law, a coalition of 150 organizations, issued a statement calling the ruling “categorically wrong.”
“The Special Counsel Act is clear. Its constitutionality has been upheld by numerous courts in the past, and Judge Cannon has no basis to overturn such a well-established principle,” reads the statement, signed by the organization’s four co-chairs.
“Accountability, the protection of the rule of law, and justice cannot be delayed any longer. We expect Judge Cannon’s ruling to not only be swiftly appealed, but also swiftly overturned,” continued Lisa Gilbert, co-chair of Public Citizen; Praveen Fernandes, vice president of the Constitutional Accountability Center; David Sievers, interim organizing director at MoveOn; and Brett Edkins, managing director of policy and political affairs at Stand Up America, in a statement.
Update: This article was updated on July 15, 2024 at 1:51 p.m. with additional details and reaction to the decision.
