A judge in Florida dismisses a charge against former President Donald Trump regarding his handling of classified documents.
The reason is that the way special prosecutor Jack Smith was appointed was incorrect – something that, according to Smith, will now be appealed.
Judge Aileen Cannon's decision is a major victory for Trump, who has been accused of jeopardizing national security. The 37-point indictment concerns Trump's handling of the thousands of documents, many of them classified, that were stored in his private residence Mar-a-Lago in Florida.
The former president welcomes the decision on his platform Truth Social.
"This dismissal of the lawless indictment in Florida should only be the first step and quickly followed by the dismissal of all witch hunts", he writes.
Documents in the shower
According to the indictment, Trump, among other things, stored documents containing information about the defense capabilities of the US and other nations, and documents about the US's own nuclear weapons program.
Trump is also alleged to have shown classified documents to people without the necessary security clearance on two occasions.
When the FBI conducted a search of Mar-a-Lago in August last year, around 13,000 documents were seized. A hundred of them were classified.
Boxes of documents were stored in a bathroom, inside a shower, and on a stage in a ballroom in Mar-a-Lago. According to prosecutors, "tens of thousands of members and guests" visited the club from the time Trump stepped down as president until the search.
Will appeal
Special prosecutor Jack Smith was appointed in 2022 by Attorney General Merrick Garland. Judge Aileen Cannon believes it was incorrect and that it is Congress's responsibility to appoint similar positions.
Aileen Cannon has not taken a stance on the indictment itself in her 93-page statement. She has previously been criticized for handling the case slowly.
Jack Smith has been granted permission by the Justice Department to appeal the decision – and will do so.
The dismissal of the case deviates from the unanimous conclusion of all previous courts that have examined the issue, says Peter Carr, spokesperson for Smith's team.
According to him, previous courts have concluded that the Attorney General is authorized to appoint a special prosecutor.
