A federal judge has dismissed former President Donald Trump’s indictment in the classified documents case, finding that the appointment of Special Counsel Jack Smith was unconstitutional.
Judge Aileen Cannon said in a ruling issued Monday that the appointment of Smith to prosecute the case, which focuses on Trump’s retention of classified government documents after leaving the White House, violates the appointments clause of the U.S. Constitution.
Trump’s team had filed a motion earlier this month to pause the case shortly after the Supreme Court ruled that U.S. presidents have broad immunity from prosecution for official acts. Justice Clarence Thomas questioned whether Smith had been lawfully appointed in his concurring opinion.
“If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding,” Thomas wrote.
This is a developing story. Check back for updates.
