A Florida judge chosen by Donald Trump dropped the former president’s criminal prosecution on grounds of mishandling top secret secrets, claiming that Special Counsel Jack Smith’s appointment was unlawful.
The judgement is a significant victory for Trump, who had been accused of compromising national security by keeping top-secret materials after leaving the White House.
Judge Aileen Cannon issued her decision after counsel for the 78-year-old requested a partial halt of proceedings to allow for an evaluation of a Supreme Court decision stating that a former president gets broad immunity from prosecution.
“Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED,” Aileen wrote in her order.
“The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”
It comes as Trump prepares to be named his party’s champion at the Republican National Convention, just days after surviving an assassination attempt at a rally in Pennsylvania.
In the Florida case, Trump was charged with 31 counts of “willful retention of national defence information,” each punishable by up to ten years in jail.
He was also charged with conspiracy to obstruct justice and making false statements.
Trump allegedly kept sensitive documents, including Pentagon and CIA records, unprotected at his Mar-a-Lago property and obstructed efforts to retrieve them.