July 15 (Reuters) – On Monday, a U.S. judge in Florida dismissed the criminal case accusing Donald Trump of illegally holding onto 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.
It marked another blockbuster legal triumph for Trump, following a July 1 U.S. Supreme Court ruling that as a former president, he has immunity from prosecution for many of his actions in office.
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 the 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. A spokesperson for Smith did not immediately respond to a request for comment.
At the very least, Cannon’s ruling throws the future of the case into doubt. Smith is also prosecuting Trump in federal court in Washington on alleged charges involving the former president’s attempts to overturn the 2020 election. Still, his lawyers have not made a similar challenge to the special counsel in that case.
Two others, Trump personal aide Walt Nauta and Mar-a-Lago property manager Carlos De Olivera, were also charged with obstructing the investigation.
Trump’s lawyers challenged the legal authority of Attorney General Merrick Garland’s 2022 decision to appoint Smith to lead investigations into Trump. They argued that the appointment violated the U.S. Constitution because Congress did not create Smith’s office and the special counsel was not confirmed by the Senate.
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