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You are here News Politics Trump classified documents case dismissed based on 'unconstitutional' prosecutor appointment

Trump classified documents case dismissed based on 'unconstitutional' prosecutor appointment

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Jack SmithA Florida federal judge dismissed the criminal case against former President Donald Trump over his handling of classified documents, writing that the appointment of special counsel Jack Smith in the case was unlawful.

Smith was appointed by U.S. Attorney General Merrick Garland. The recent prosecution of President Joe Biden's son, Hunter Biden, was also backed by a special counsel, a role providing greater independence from Justice Department oversight. Hunter Biden was convicted of lying about drug use when he purchased a gun.

U.S. District Judge Aileen Cannon, who was nominated to the federal bench by Trump, agreed with the former president's argument that Smith's appointment in the case violated a constitutional provision requiring “Officers of the United States” to be appointed by the president and confirmed by the Senate.

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