Donald Trump’s classified documents case thrown out in stunning victory

Donald Trump scored a massive victory when a judge dismissed his indictment over mishandling classified documents, handing the former president a major boost to his election campaign.

Donald Trump was handed a stunning victory when a Florida judge dismissed his criminal indictment over the handling of classified documents.

In a massive boost to his chances of re-election, the court ruled the appointment of Special Counsel Jack Smith was unconstitutional and improper.

With the two remaining criminal cases delayed until after the election, the only legal conviction against Mr Trump remains the New York hush money trial which itself could be tossed out after the US Supreme Court ruled on presidential immunity.

The seismic decision by Judge Aileen Cannon on Monday, local time, came just days after Mr Trump survived an assassination attempt.

Mr Trump celebrated the decision, saying it should be followed by the “dismissal of ALL Witch Hunts”.

“As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step,” he said on Truth Social.

Donald Trump departs for Manhattan Criminal Court for the first day of his trial for allegedly covering up hush money payments. It remains his only conviction. Picture: AFP

“The January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia “Perfect” Phone Call charges.

“The Democrat Justice Department co-ordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”

Mr Trump had been accused of endangering national security by mishandling top-secret documents at Mar-a-Lago.

The appointment of Special Counsel Jack Smith was unconstitutional, a Florida judge ruled. Picture: AFP

Trump’s legal team argued Smith’s appointment as special counsel was improper because he was not appointed by Congress, which is required to appoint “constitutional officers”.

In her 93-page ruling, Judge Cannon wrote Mr Smith’s appointment violated the Appointments Clause of the United States Constitution.

“That role cannot be usurped by the executive branch or diffused elsewhere — whether in this case or in another case, whether in times of heightened national need or not,” Cannon wrote.

She said the Appointments Clause was a critical restriction to ensure the separation of powers between the executive, judicial and legislative branches of government.

Documents allegedly seized at Mar-a-Lago. Picture: AFP

“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers,” she wrote.

It was alleged that Trump kept records from the Pentagon and CIA unsecured at his Mar-a-Lago home, and that he obstructed efforts to retrieve them.

The material included secret nuclear and defence documents, according to prosecutors.

Trump was facing 31 counts of “wilful retention of national defence information,” each punishable by up to 10 years in prison.

He also faced charges of conspiracy to obstruct justice and making false statements.