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Even if Cannon is later overturned by a higher court, the decision to dismiss Trump’s lawsuit adds to a string of legal victories for Trump in recent weeks, including a sweeping Supreme Court ruling that gave former presidents broad immunity for official actions while in office.
Trump’s legal team has long viewed the classified documents case as the toughest of the four criminal cases against him — in part because much of the conduct involved occurred after he left the White House — and the one they feared the most.
Cannon’s decision comes as Trump prepares to be formally nominated as the Republican presidential candidate for this year’s election, with the Republican National Convention opening in Milwaukee on Monday.
A spokesman for Smith did not immediately respond to a request for comment. Cannon said in his lengthy ruling that the special prosecutor’s question was a new one that had to be decided before the prosecution could proceed.
“After carefully examining the fundamental challenges raised in the motion, the Court is convinced that Special Counsel Smith’s prosecution of this action violates two structural cornerstones of our constitutional system—the role of Congress in appointing constitutional officers and the role of Congress in authorizing expenditures under the law,” Cannon concluded in his 93-page order.
this Legal theory that Smith was illegally appointed The claim that the Trump administration was funded by the Trump administration was generally considered far-fetched. Trump’s legal team did not adopt the argument in court until conservative legal groups pushed it.
The former president’s lawyers have not made a similar request to dismiss Trump’s federal election interference case in Washington, D.C. — even though Attorney General Merrick Garland appointed Smith to oversee that case in the same way as the Florida case.
But earlier this month, comments by Supreme Court Justice Clarence Thomas sparked even greater controversy. Wrote in presidential immunity case Special prosecutor’s office needs to be created by Congress, Smith says It requires Senate approval.
Thomas urged the lower court to explore the issue. The judge wrote that he appended his concurring opinion to the immunity ruling to “highlight another way in which this prosecution may violate the structure of our Constitution.”
This is a developing story. Will be updated.
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