A U.S. judge has thrown out a criminal case against former President Donald Trump regarding secret documents found at his property in Florida.
Trump was accused of taking boxes of secret documents from the White House after he was defeated in the 2020 election, and obstructing the official investigation.
Prosecutors have vowed to appeal the judge’s decision.
Trump case
In 2022, Trump was accused of taking stacks of cardboard boxes containing classified documents from the White House to his Mar-a-Lago residence in southern Florida, after he lost the 2020 election.
Prosecutors alleged some of the material contained information about “defense and weapons capabilities of both the United States and foreign countries”.
The U.S. Justice Department released images of Trump’s Mar-a-Lago property where boxes had been stored, including in a bathroom.
Case thrown out
Trump’s lawyers argued the lead prosecutor on the case – Special Counsel Jack Smith – was ineligible to serve in his role.
They claimed this was because of a constitutional issue relating to how a Special Counsel is appointed. This normally requires the approval of President and the Senate.
The Florida judge overseeing the case, Aileen Cannon, sided with Trump’s lawyers, declaring that Jack Smith’s role as prosecutor was invalid. The case has been thrown out as a result.
Next steps
A Justice Department spokesperson has confirmed to U.S. media that the prosecutors will appeal the court’s decision.
The trial was already unlikely to be heard before the 5 November election.
If Trump wins the election, he would have the power as President to arrange for the lawsuit to be dropped or put on hold.
Reaction
The move has surprised some legal experts, who said Smith’s appointment as Special Counsel follows a long history of precedent.
Meanwhile, in a post to his social media platform ‘Truth Social’, Trump welcomed the dismissal of the Florida case.
He has also urged an end to all his legal challenges, which he described as “Witch Hunts”.
Other cases
On 31 May, Trump was found guilty of 34 counts of falsifying business records to cover up hush money payments to an adult film star. He hasn’t been sentenced yet and is likely to appeal.
He’s also facing two criminal trials relating to his alleged efforts to overturn the 2020 election result.
However, the highest court in the U.S., the Supreme Court, has raised complications for prosecutors. It found the President can be considered legally immune for crimes committed while performing official duties.
