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Forbes
Forbes
15 Jul 2024


U.S. District Judge Aileen Cannon formally dismissed the federal charges against former President Donald Trump for allegedly withholding White House documents on Monday, ruling Special Counsel Jack Smith was unlawfully appointed—the latest in a series of blows to criminal cases against the former president.

Donald Trump

Former President Donald Trump holds up a fist as he arrives back at Trump Tower after being ... [+] convicted in his criminal trial in New York City, on May 30.

AFP via Getty Images

Cannon sided with Trump’s request to dismiss the charges against him under the Constitution’s Appointment Clause, as the ex-president claimed Smith’s appointment by U.S. Attorney General Merrick Garland violated the law.

Trump was indicted on 40 federal felony charges for allegedly withholding national security information by bringing White House documents—including classified materials—back to Mar-a-Lago with him, and for allegedly obstructing the government’s investigation into retrieving the documents.

The judge—a Trump appointee—ruled someone with Smith’s level of power should only have been appointed by the president and confirmed by the Senate.

She also ruled Smith’s appointment violated the Constitution’s Appropriations Clause, because Congress had not appropriated funds to Smith’s investigations as required under federal law.

Cannon ordered the case to be closed, but noted in her order that the ruling does not affect any other legal proceedings—meaning it will not end the separate federal case against Trump for trying to overturn the 2020 election.

The Justice Department has not yet responded to a request for comment.

This story is breaking and will be updated.