After judge dismisses Trump's classified docs case, special counsel authorized to appeal

In a surprising ruling Monday, the classified documents case against former President Donald Trump was dismissed by the federal judge overseeing the case.

The ruling dismisses one of the two cases brought by special counsel Jack Smith, who is also overseeing the election interference case against the former president.

Judge Aileen Cannon ruled Monday that Smith's appointment as special counsel overseeing the documents case was unconstitutional because Smith was not appointed by the president or confirmed by Congress.

"The Superseding Indictment is DISMISSED because Special Counsel Smith's appointment violates the Appointments Clause of the United States Constitution," she wrote.

Special counsels have typically served previously as U.S. attorneys, who are appointed by the president and confirmed by the Senate. Smith was previously the acting U.S. attorney for the Middle District of Tennessee and was working for the International Criminal Court at the Hague prosecuting war crimes when he was tapped by Attorney General Merrick Garland in November 2022 to lead both the classified documents probe and the federal election interference investigation.

Smith's appointment was unconstitutional because it "effectively usurps" the authority of Congress, Cannon wrote.

Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government's efforts to get the documents back.

Cannon last month heard arguments from Trump's attorneys seeking to have the classified documents case dismissed on the grounds that Smith was unlawfully appointed.

"The Framers gave Congress a pivotal role in the appointment of principal and inferior officers," Cannon wrote in her lengthy order Monday. "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."

"Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel's Smith's prosecution of this action breaches two structural cornerstones of our constitutional scheme -- the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law," Cannon added.

A spokesperson for the special counsel said they had been authorized to appeal the ruling.

"The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel," the statement said. "The Justice Department has authorized the Special Counsel to appeal the court's order."

Multiple sources told ABC News that Trump and his camp feel the dismissal is an act of "divine intervention," saying Trump is thrilled.

The sources said those around Trump "hope and expect the same logic will apply to the D.C. case."

"President Trump is relieved and happy that he can move on," the sources said.

Trump, writing on his social media platform two days after surviving an assassination attempt, called for the dismissal of all remaining cases against him, saying, "As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal ... should be just the first step."

Judge Cannon noted that her ruling does not apply to other jurisdictions, meaning the order may not apply to the special counsel's Jan. 6 election interference case against Trump.

Other district judges and the D.C. Circuit Court have upheld the constitutionality of special counsels in previous legal challenges.

If overturned on appeal, the order could also give rise to Smith moving for Cannon to be taken off the case, citing her pattern of unusually favorable rulings that have benefited Trump and raised the eyebrows of legal experts across the political spectrum.

In addition to the Jan. 6 case, the former president faces charges in the Georgia election interference case and in May was found guilty in New York of falsifying business records related to a 2016 hush money payment in order to boost his electoral prospects in the 2016 presidential election. He has pleaded not guilty in all cases and has said he will appeal the hush money verdict.