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Judge Cannon Dismisses Trump Classified Documents Case

Katherine Pompilio
Monday, July 15, 2024, 10:30 AM
Cannon reasoned that the appointment and funding of Special Counsel Jack Smith was in violation of the Appointments Clause.

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On July 15, Judge Aileen Cannon granted former President Donald Trump’s motion to dismiss the indictment against him based on the unlawful appointment and funding of Special Counsel Jack Smith in the Southern District of Florida for his alleged mishandling of classified documents.

In the order, Judge Cannon reasoned that the appointment and funding of Smith was in violation of the Appointments Clause of the Constitution, and that “the Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”

You can find the order here or below:


Katherine Pompilio is an associate editor of Lawfare. She holds a B.A. with honors in political science from Skidmore College.

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