A Florida judge has dismissed a lawsuit against former President Donald Trump over his handling of classified documents, in what some legal experts say is a “strongly-founded” decision that eliminates the “biggest legal threat” to the Republican Party, which is considered a favorite to win the 2024 presidential election, ahead of the Republican National Convention.
Florida District Judge Eileen Cannon issued a 93-page opinion Monday dismissing the case on the grounds that the appointment of Special Prosecutor Jack Smith to oversee the case was unconstitutional.
“After careful consideration of the fundamental issues raised in this complaint, the Court is convinced that Special Counsel Smith’s prosecution of this case violates two structural foundations of our constitutional system: Congress’ role in appointing constitutional offices and Congress’ role in authorizing statutory expenditures,” Cannon wrote.
“Of all the cases that could potentially be dismissed, this one would be at the top of the list. It was the biggest threat. And at least for now, that’s gone,” Jonathan Turley, a George Washington University law professor and lawyer, told Fox News on Monday.
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Special Counsel Jack Smith arrived in Washington, DC on August 1, 2023 to speak about the recently unsealed indictment containing four felony counts against former President Trump. (Drew Ungerer/Getty Images)
Trump said: Smith’s investigation Smith was accused of possessing classified materials at President Trump’s Mar-a-Lago resort. He has pleaded not guilty to all 37 felony charges brought against him in the investigation, including knowingly possessing national defense information, conspiracy to obstruct justice and making false statements.
John Malcolm, a former federal prosecutor and director of the Ed Meese Center for Law and Justice Studies, said Smith’s case is “the most serious of the four criminal cases filed against him.”
A representative for Smith did not immediately respond to a request for comment from Fox News Digital and an inquiry into whether the Justice Department plans to appeal the ruling.
Judge dismisses Trump’s Florida classified documents lawsuit
Former President Trump’s Mar-a-Lago resort in Florida was searched by the FBI in 2022. (Getty Images)
Constitutional law lawyer John Yoo told Fox News Digital that the issue of the constitutionality of special counsels has been debated for more than 20 years. “Those of us who specialize in the appointments clause have been thinking about this issue and talking about it. Courts have generally been deferential to the Department of Justice and how they want to appoint various lawyers.”
“But I think Jack Smith’s aggressive behavior has drawn increased scrutiny from the court,” Yu said.
Yu said Cannon’s decision was “a very thorough, strongly reasoned and persuasive opinion.” [that] It details the history of the special counsel and all relevant statutes.”
“The decision is very well thought out and well written,” said John Thew, a constitutional lawyer who served in the Bush and previous administrations. “It’s not surprising, since Congress knowingly allowed the Independent Counsel Act, which the Supreme Court found to be constitutional, to lapse and then failed to amend or correct it.”
“And Congress, by its inaction, has simply authorized a regulatory agency, in this case the Department of Justice, to promulgate its own regulations in lieu of actual implementing legislation,” he explained.
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Former President Trump held a rally on May 23, 2024, in the historically Democratic South Bronx neighborhood of New York City. (Spencer Pratt/Getty Images)
Monday’s ruling is the latest in a series of legal victories for the former president. Earlier this month, the Supreme Court ruled that he and future presidents have limited immunity from prosecution for official acts performed while in office. The ruling had direct implications for Smith’s separate lawsuit against Trump related to the Jan. 6, 2021, attack on the Capitol.
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“All of these cases seem to be collapsing under their own weight, and it’s because of legal wars,” said Jim Trusty, a former federal prosecutor and former lawyer for Trump.
“This is the cost of creating different crimes, different investigative methods, and legal battles in the name of self-righteousness about the need to stop Donald Trump, which is really the philosophy behind all these prosecutions.”
