In Stunning Decision, Judge Cannon Dismisses Trump Documents Charges

The Trump-appointed judge declared the appointment of Jack Smith as special counsel unconstitutional.

A photo pairing of federal judge Aileen Cannon and special counsel Jack Smith.

Senate Judiciary Committee; Alex Brandon/AP(2)

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Federal Judge Aileen Cannon on Monday dismissed Donald Trump’s classified documents indictment, ruling that special counsel Jack Smith had been unconstitutionally appointed.

If Cannon’s stunning decision withstands appeal, it would end what had long been considered the strongest and most “airtight” case against the former president. It involved Trump’s willful retention of top-secret documents after he left the White House and his repeated refusals to return the classified records.

As my colleague Pema Levy wrote, Cannon has spent much of the past two years issuing unprecedented decisions that have shocked legal scholars, each of which has helped Trump dodge accountability.

The ex-president was lucky that Cannon got assigned this case—but he also helped make his own luck by putting her on the bench. When Trump nominated Cannon in 2020, her signature qualifications were her youth (she was 39) and membership in the conservative Federalist Society. After Trump lost the election, she was confirmed in a vote that garnered support from 12 Democrats.

Cannon specified, however, that her ruling is “confined to this proceeding” and “decides no other legal rights or claims,” meaning that, at least for now, Smith’s separate election interference case against Trump can continue to stagger on.

This is a developing story. Check back for updates.

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“Lying.” “Disgusting.” “Scum.” “Slime.” “Corrupt.” “Enemy of the people.” Donald Trump has always made clear what he thinks of journalists. And it’s plain now that his administration intends to do everything it can to stop journalists from reporting things they don’t like—which is most things that are true.

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