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Judge Cannon dismisses Trump papers case; finds prosecutor improperly appointed

Special prosecutor Jack Smith allegedly conducted the prosecution without having the authority to do so in the Mar-a-Lago papers trial. Now his office announced that it will appeal the decision.

Decenas de fiscales generales piden a un Tribunal de Florida que detenga la “inconstitucional” orden de mordaza de Jack Smith contra Trump

Jack Smith and Donald TrumpAFP.

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Judge Aileen Cannon, in charge of the Mar-a-Lago v. Trump papers case, issued a ruling Monday dismissing the case. According to the Florida court, the indictment has been struck down, since the special prosecutor for the case, Jack Smith, was illegally appointed. 

Aileen Cannon asserts that the appointment of Jack Smith violates several clauses of the Constitution of the United States. For this reason, Smith has no authority to prosecute.

Judge Aileen Cannon's decision is a huge victory for the former president, who had been accused of endangering national security by taking classified documents with him when he left the White House. The ruling comes less than two days after an assassination attempt against the Republican candidate in Pennsylvania.

Hours later, special prosecutor Jack Smith's office announced that it would appeal Judge Cannon's ruling, which could lead to its eventual reversal by a higher court. Until that process takes place, however, the federal judge's dismissal brings a surprising end to a criminal case that, at the time, was widely considered to be the most dangerous legal threat facing former President Trump.

Weeks earlier, the U.S. Supreme Court ruled that Trump had limited presidential immunity in the January 6 case. Furthermore, the trial against Trump in the state of Georgia and conducted by prosecutor Fanny Willis, is practically at a standstill. 

Jack Smith appeals Cannon ruling

After Judge Cannon's ruling was made public, the Department of Justice announced that it will give Special Prosecutor Smith permission to appeal the decision.

A spokesman for Smith, quoted by Reuters, said that Cannon's ruling "departs from the uniform conclusion of all previous courts" that have considered the issue. Courts have consistently held that the attorney general has the authority to appoint special counsel to conduct certain investigations.

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