Judge tosses Trump documents case, ruling prosecutor was unlawfully appointed By Reuters

By Andrew Goudsward and Sarah N. Lynch

(Reuters) -A U.S. judge in Florida on Monday dismissed the criminal case accusing Donald Trump of illegally keeping classified documents after leaving office, handing the Republican former president another major legal victory as he seeks a return to the White House.

U.S. District Judge Aileen Cannon, who was appointed to the bench by Trump, ruled that Special Counsel Jack Smith, who is leading the prosecution, was unlawfully appointed to his role and did not have the authority to bring the case.

The judge found that U.S. Attorney General Merrick Garland, who named Smith in 2022 to oversee investigations involving Trump, did not have the authority “to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith.”

Cannon also found that Smith’s investigation has been improperly funded through a permanent and unlimited fund Congress set aside in the 1980s for independent investigations.

It marked another blockbuster legal triumph for Trump.

The U.S. Supreme Court ruled on July 1 that Trump cannot be prosecuted for actions that were within his constitutional powers as president – a landmark decision recognizing for the first time any form of presidential immunity from prosecution. That ruling involved charges pursued by Smith in a separate case against Trump in Washington involving his efforts to overturn his 2020 election loss.

Cannon’s ruling came two days after Trump was the target of an assassination attempt at a campaign rally in western Pennsylvania. Trump is set to be formally named the Republican presidential nominee in Milwaukee this week, challenging Democratic President Joe Biden in the Nov. 5 U.S. election.

Prosecutors are likely to appeal Cannon’s ruling. Courts in other cases have repeatedly upheld the ability of the U.S. Justice Department to appoint special counsels to handle certain politically sensitive investigations.

Trump, in a social media post, said Cannon’s ruling should be a “just the first step” and called for the dismissal of all four criminal cases against him.

“Let us come together to END all Weaponization of our Justice System,” Trump wrote.

Trump was convicted in May on New York state felony charges involving hush money paid to a porn star to avert a sex scandal before the 2016 election. Trump had pleaded not guilty in the documents case and in Smith’s other case, as well as to election-related charges in state court in Georgia.

A spokesperson for Smith did not immediately respond to a request for comment.

In the documents case, Trump was indicted on charges that he willfully retained sensitive national security documents at his Mar-a-Lago estate in Florida after leaving office in 2021 and obstructed government efforts to retrieve the material. Prosecutors have said the documents related to U.S. military and intelligence matters, including details about the American nuclear program.

Two others, Trump personal aide Walt Nauta and Mar-a-Lago property manager Carlos De Olivera, were also charged with obstructing the investigation.

‘BREATHTAKINGLY MISGUIDED’

U.S. Senate Majority Leader Chuck Schumer, a Democrat, said in a statement: “This breathtakingly misguided ruling flies in the face of long-accepted practice and repetitive judicial precedence. It is wrong on the law and must be appealed immediately. This is further evidence that Judge Cannon cannot handle this case impartially and must be reassigned.”

At the very least, Cannon’s ruling throws the future of the case into doubt. Trump’s lawyers have not made a similar challenge to the special counsel in Smith’s election-related case.

Trump’s lawyers challenged the legal authority for Garland’s 2022 decision to appoint Smith to lead investigations into Trump. They argued that the appointment violated the U.S. Constitution because Smith’s office was not created by Congress and the special counsel was not confirmed by the Senate.

Lawyers in Smith’s office disputed Trump’s claims, arguing that there was a well-settled practice of using special counsels to manage politically sensitive investigations.

“This ruling flies in the face of about 20 years of institutional precedent, conflicts with rulings issued in both the Mueller investigation and in D.C. with respect to Jack Smith himself,” said Bradley Moss, an attorney who specializes in national security, referring to an investigation conducted by Special Counsel Robert Mueller during Trump’s presidency.

Moss also said the ruling raises the question of whether Smith will seek to have Cannon removed from the case.

Cannon’s ruling is the most consequential in a series of decisions she has made favoring Trump and expressing skepticism about the conduct of prosecutors. The judge previously delayed a trial indefinitely while considering a flurry of Trump legal challenges.

In an unusual move, she allowed three outside lawyers, including two who sided with Trump, to argue during a court hearing focused on Trump’s challenge to Smith’s appointment.

Conservative Supreme Court Justice Clarence Thomas provided a boost to Trump’s challenge to the special counsel. In an opinion agreeing with the court’s decision to grant Trump broad immunity, Thomas questioned whether Smith’s appointment was lawful, using similar arguments to those made by Trump’s lawyers.

Garland appointed Smith, a public corruption and international war crimes prosecutor, to give investigations into Trump a degree of independence from the Justice Department under Biden’s administration.