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MIAMI, July 15, 2024 (BSS/AFP) - A Florida judge appointed by Donald Trump
has dismissed the criminal case against the former president on charges of
mishandling top secret documents, saying the way that Special Counsel Jack
Smith was appointed was improper.
The decision is a huge victory for Trump, who had been accused of endangering
national security by holding onto top secret documents after leaving the
White House.
Judge Aileen Cannon made her ruling after lawyers for the 78-year-old argued
for a partial stay of proceedings to allow for an assessment of a Supreme
Court ruling that a former president has broad immunity from prosecution.
"Former President Trump's Motion to Dismiss Indictment Based on the Unlawful
Appointment and Funding of Special Counsel Jack Smith is GRANTED," Aileen
wrote in her order.
"The Superseding Indictment is DISMISSED because Special Counsel Smith's
appointment violates the Appointments Clause of the United States
Constitution."
It comes as Trump is set to be annointed as his party's champion at the
Republican National Convention, days after surviving an assassination attempt
at a rally in Pennsylvania.
In the Florida case, Trump was facing 31 counts of "willful retention of
national defense information," each punishable by up to 10 years in prison.
He also faced charges of conspiracy to obstruct justice and making false
statements.
Trump allegedly kept classified documents -- which included records from the
Pentagon and CIA -- unsecured at his Mar-a-Lago home and thwarted efforts to
retrieve them.