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A US judge has dismissed a criminal case over Donald Trump’s handling of classified documents, in a major legal victory for the former president days after he survived an assassination attempt.
Judge Aileen Cannon ruled on Monday that the appointment of Jack Smith, the outside lawyer chosen by the Department of Justice to manage the investigation, had violated the US constitution.
She said attorney-general Merrick Garland’s 2022 appointment of Smith “effectively usurps” Congress’s authority to make such decisions, thereby “threatening the structural liberty inherent in the separation of powers”.
The dismissal of the case filed last year is a further boost to the former president ahead of the Republican National Convention in Milwaukee, Wisconsin, which begins on Monday. Trump is due to announce his choice for vice-president at the event.
Trump celebrated the decision on social media. “As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts,” he wrote on his Truth Social site, before listing his various legal cases.
Judge Cannon’s ruling, which can be appealed, came just two days after the former president survived an assassination attempt during a campaign rally in Pennsylvania, leaving him with a minor ear injury after he was shot.
It was Trump’s latest legal victory after a Supreme Court ruling this month that gave him broad immunity from criminal prosecution for official acts as president.
The classified documents case stems from sensitive government material that Trump transferred to his Mar-a-Lago residence after leaving the White House in 2021, which was later seized by FBI agents.
Agents found boxes of documents stored across the property including in a bathroom and shower. Among the charges against the president were conspiracy to obstruct justice, concealing documents in a federal investigation and making false statements.
Trump’s lawyers had sought to dismiss the case, arguing that there was no legal authorisation for the appointment of Smith.
The DoJ and lawyers representing Trump did not immediately respond to a request for comment.
Smith had been appointed by Garland to handle federal investigations into Trump in a bid to ensure independence from political influence.
Smith has also filed a second case in federal court in Washington DC, dealing with Trump’s role in the aftermath of the 2020 presidential race. That case, heavily delayed by a string of appeals, alleges he conspired to interfere with the election results handing his rival Joe Biden the win.
Additional reporting by James Politi
