Tuesday, July 2, 2024
Year : 2, Issue: 28
A US judge in Florida on Monday dismissed the criminal case accusing Donald Trump of illegally keeping classified documents after leaving office, handing the Republican former president another major legal victory as he seeks a return to the White House.
US District Judge Aileen Cannon, who was appointed to the bench by Trump, ruled that Special Counsel Jack Smith, who is leading the prosecution, was unlawfully appointed to his role and did not have the authority to bring the case.
The Justice Department said it would appeal the decision.
The judge found that US Attorney General Merrick Garland, who named Smith in 2022 to oversee investigations involving Trump, did not have the authority “to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith.”
It marked another blockbuster legal triumph for Trump.
The US Supreme Court ruled on July 1 that Trump has broad immunity from criminal prosecution for official actions he took as president.
A spokesperson for Smith said Cannon’s ruling “deviates from the uniform conclusion of all previous courts” that have considered the issue. Courts have consistently found the attorney general has the authority to appoint special counsels to handle certain investigations.
Trump, in a social media post, said the ruling should be “just the first step” and called for the dismissal of all four criminal cases against him.
In the documents case, Trump was indicted on charges that he wilfully retained sensitive national security documents at his Mar-a-Lago estate in Florida after leaving office in 2021 and obstructed government efforts to retrieve the material. Prosecutors have said the documents related to US military and intelligence matters, including details about the American nuclear program.
Trump personal aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira were also charged with obstructing the investigation.
Prosecutors will seek to revive the case in their appeal before the Atlanta-based US Court of Appeals for the 11th Circuit.
Source: Reuters
