US District Judge Aileen Cannon has dismissed the charges against former President Donald Trump and his two codefendants in a case related to the handling of sensitive government documents after leaving the White House.
Gatekeepers News reports that Judge Cannon granted Trump’s motion to dismiss the indictment, citing concerns about the appointment and funding of special counsel Jack Smith, who had brought the charges against Trump, CBS News reports.
“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 Special Counsel’s position effectively usurps that important legislative authority, transferring it to a head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”
Former President Trump faced a total of 40 charges related to his handling of classified documents after leaving office and allegedly obstructing the Justice Department’s investigation.
Trump, along with his aides Walt Nauta and Carlos de Oliveira, were charged in connection with an alleged scheme to impede the federal probe.
All three individuals have pleaded not guilty to the charges.
The office of Special Counsel Jack Smith has not yet responded to a request for comment, and attorneys for Trump and Nauta have also been contacted by CBS News for their response.
An attorney for De Oliveira, the Mar-a-Lago property manager, said in a statement, “We certainly agree with the court’s decision. But this case has been absurd from the start and Carlos should never have been but in this situation by the government.”
The ruling can be challenged through the appeals process, with the next step being the U.S. Court of Appeals for the 11th Circuit, followed by a potential review by the U.S. Supreme Court.
