A federal judge in Florida has dismissed special counsel Jack Smith’s criminal case against Donald Trump over his mishandling of classified documents after leaving the White House. On Monday, Trump-appointed U.S. Judge Aileen Cannon sided with Trump’s lawyers, who argued that Attorney General Merrick Garland’s appointment of the special counsel was “unlawful” because Smith had not been appointed by Biden or confirmed by the Senate. Cannon also ruled Smith had been improperly funded by the Treasury Department.
Cannon’s legal rationale drew from a concurring opinion by far-right Justice Clarence Thomas in the Supreme Court’s historic ruling Trump v. United States, which grants presidents broad immunity from prosecution. A federal grand jury had indicted Trump on 40 felony counts: 32 violations of the Espionage Act for “willful retention” of national defense information and another eight counts of obstructing justice. The Justice Department is expected to appeal the ruling, but the legal victory has given Trump another boost as he officially accepts the presidential nomination this week at the RNC.
Democrats slammed the decision by Judge Cannon. President Biden called the dismissal “specious.” Meanwhile, Florida Republican lawmaker Matt Gaetz reacted to the news by calling Aileen Cannon a “Future Supreme Court Justice.” We’ll have more on this story later in the broadcast.