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Federal judge dismisses Trump classified documents case over concerns with prosecutor's appointment

  • Eric Tucker, The Associated Press

  • Canadian Press

  • July 15, 2024

FILE - In this image from video provided by the Senate Judiciary Committee, Aileen Cannon testifies virtually during her nomination hearing to the Senate Judiciary Committee in Washington, on July 29, 2020. (Senate Judiciary Committee via AP)

WASHINGTON (AP) -- The federal judge presiding over the classified documents case of former President Donald Trump in Florida has dismissed the prosecution because of concerns over the appointment of the prosecutor who brought the case.

U.S. District Judge Aileen Cannon granted the defense motion to dismiss the case on Monday, voiding a prosecution that at the time it was brought was seen as the most perilous of the multiple legal threats Trump faced.

Lawyers for Trump had argued that special counsel Jack Smith was illicitly appointed in violation of the Constitution's Appointments Clause that his office was improperly funded by the Justice Department.

Smith's team had vigorously contested the argument during hearings before Cannon last month.

A spokesman for the Smith team did not immediately return a request seeking comment, and the Trump team did not immediately have a comment.