United States | Courting chutzpah

A maverick judge tosses out Donald Trump’s classified-documents case

The ruling may be reversed—but delay helps the former president

Pages from the government’s released version of the F.B.I. search warrant affidavit for former President Donald Trump's Mar-a-Lago estate in California on August 27th 2022
Redaction ad absurdumPhotograph: Getty Images
|NEW YORK

A WELCOME piece of news arrived for Donald Trump on the first day of the Republican National Convention. The criminal case against him for allegedly removing classified documents from the White House (and piling them in, among other places, a ballroom and bathroom at Mar-a-Lago, his Florida home) was thrown out by the presiding judge. Higher courts will probably look askance at the ruling, but it means that Mr Trump’s tactics have pushed his trial past the November election—if it ever begins at all.

Judge Aileen Cannon, appointed by Mr Trump in 2020, has been stretching out the calendar in the first of two lawsuits styled United States v Trump since she was randomly assigned to the case in June 2023. This week’s ruling contends that the prosecution was illicit from the start. Jack Smith, the special counsel, was installed in violation of the constitution’s “appointments clause”, which requires “officers of the United States” to be nominated by the president and confirmed by the Senate.

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This article appeared in the United States section of the print edition under the headline “Courting chutzpah”

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