Donald Trump dodged another bullet Monday, when a judge dismissed his criminal classified documents case, ruling the appointment of Special Counsel Jack Smith was a violation of the Constitution.
Judge Aileen Cannon determined any special prosecutor must be appointed by the President and confirmed by the Senate. In this case, the Special Council was appointed by Attorney General Merrick Garland, and that’s not kosher under the Constitution.
Biden had tried to avoid making the appointment to avoid the appearance of political retribution, but now it seems that backfired.
Cannon, who was appointed by Trump, has been the target of criticism for alleged bias.
Prosecutors say they will appeal the dismissal.
The ruling comes just hours before the kickoff of the Republican National Convention.
At this point, it’s virtually certain Trump will not face trial before the election. He has already been convicted of 34 felonies in connection with election fraud. His sentencing has been delayed until September.
