Charges against Trump dismissed due to prosecutor's illegal appointment

The court dismissed the charges against former U.S. President Donald Trump regarding his retention of classified documents after his presidency. It was ruled that the prosecutor who brought the charges against Trump was appointed illegally.

Judge Aileen Cannon stated in a decision published on Monday that prosecutor Jack Smith's investigation "violates two structural cornerstones of the constitutional system – the role of Congress in appointing constitutional officers and the role of Congress in approving expenditures by law."

Trump was accused by Smith of violating the Espionage Act by retaining documents containing national defense information, making false statements, obstructing the investigation, and conspiring to obstruct the investigation.

The case involves Trump taking hundreds of classified documents – including those marked with the highest levels of secrecy – to his estate in Florida. The former president refused to return the documents, which prompted the FBI to search his home, during which dozens of secret files were found. The charges against Trump were considered the strongest and best-grounded in law among the four criminal cases against him.

As noted by the "Washington Post," Cannon's decision – a judge nominated by Donald Trump in 2020 – is a "seismic event" and surprising, as Trump's lawyers' motion contesting the legality of the appointment was considered unlikely to succeed. The former president's team argued that since Smith is an independent prosecutor, his appointment should have been confirmed by the Senate. In early July, conservative Supreme Court Justice Clarence Thomas unexpectedly supported this theory.

The decision only pertains to the case handled by Cannon and has no direct implications for another case brought by Smith, regarding Trump's illegal attempts to remain in power after losing the election. However, this case has been practically weakened and delayed by the Supreme Court's ruling recognizing Trump's partial immunity.

Citing the Supreme Court's ruling, the former president's lawyers filed for the annulment of the conviction in the New York trial related to hiding the payment for silence to porn actress Stormy Daniels before the 2016 election.

Some lawyers have criticized Judge Cannon from the start, accusing her of inexperience, incompetence, and stalling the case. Even before her latest decision, it was clear that the trial would not begin before the elections.

The special prosecutor's office has not yet commented on the judge's decision and has not specified whether it will appeal.