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Left photo by Anna Moneymaker/Getty Images | Right photo of Jack Smith by Drew Angerer/Getty Images
'Appointment and funding' of special counsel Jack Smith was 'unlawful,' judge ruled.
A district judge in Florida has dismissed the documents case against former President Donald Trump, ruling that the "appointment and funding" of special counsel Jack Smith was "unlawful" because it sidestepped Congress.
The case relates to allegations that Trump took classified records stemming from his time in the White House and stored them at his Mar-a-Lago residence, which was later raided by federal agents. He also allegedly refused to hand the documents over to investigators who demanded them.
'The Court is convinced that Special Counsel’s Smith’s prosecution ... breaches two structural cornerstones of our constitutional scheme — the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law.'
A year ago, Trump was indicted on federal charges related to allegedly mishandled classified documents and requests that surveillance footage of the raid on his home be deleted.
On Monday, about 36 hours after Trump was wounded during an assassination attempt at a rally in Pennsylvania, Judge Aileen Cannon of the U.S. District Court of Southern Florida granted Trump's motion to dismiss the classified documents case.
Cannon ruled that "Special Counsel Smith’s appointment" and his "use of a permanent indefinite appropriation" both violate the Constitution. "The Court is convinced that Special Counsel’s Smith’s prosecution ... breaches two structural cornerstones of our constitutional scheme — the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law," she wrote.
Cannon additionally addressed special counsels more generally, claiming that the Executive Branch has lately appointed such prosecutors with "growing comfort." She also claimed these prosecutors are rarely subjected to "judicial scrutiny."
According to ABC News, prosecutors can appeal Cannon's ruling. In fact, Smith can still file a motion to remove Cannon from presiding over the case since she has, in the outlet's view, a "pattern of unusually favorable rulings that have benefited Trump and raised the eyebrows of legal experts across the political spectrum."
A spokesperson for the special counsel did not immediately respond to a request for comment from ABC News.
This is a developing story. Tune into Blaze News for further updates.
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