The federal classified documents case against former President Donald Trump was dismissed Monday by a Florida judge on the grounds that the Department of Justice unlawfully appointed special counsel Jack Smith.

The order, while likely to be appealed, makes the possibility even more remote that Trump will be tried before the election on any of the federal charges pending against him. The order came on the first day of the Republican National Convention, during which Trump will be officially nominated as the 2024 GOP presidential candidate.

Trump, who on Saturday was injured at a Pennsylvania rally in what is being investigated as an attempted assassination, has also been federally charged in Washington, D.C., for his alleged attempts to subvert the 2020 presidential election results. The case is pending as a result of the U.S. Supreme Court’s presidential immunity decision.

GOP convention to go on as planned in Milwaukee, with Trump in attendance

In May, Trump was convicted of 34 felonies in New York state court for falsifying business records related to a hush money payment ahead of the 2016 presidential election. Trump’s sentencing has been delayed until September while the court reviews the federal immunity decision.

In Monday’s 93-page order, federal District Judge Aileen Cannon wrote Smith’s appointment violates two clauses of the U.S. Constitution that govern how presidential administrations and Congress appoint and approve “Officers of the United States” and how taxpayer money can be used to pay their salaries and other expenses.

“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,” wrote Cannon, who sits on the bench in the Southern District of Florida.

She was nominated by Trump in 2020 and confirmed by the U.S. Senate later that year.

In February, Trump’s team filed the motion to dismiss the case, accusing Smith of being unlawfully appointed and paid.

The classified documents case against Trump presented a historic first for the United States — a former sitting president had never been charged with federal crimes.

A federal grand jury handed up a 37-count indictment in June 2023 charging the former president and his aide Walt Nauta with felonies related to mishandling classified documents after his term in office, including storing them at his Florida Mar-a-Lago estate.

A little over a month later a new indictment was handed up, adding new charges against the former president and also adding Trump’s Mar-a-Lago property manager Carlos De Oliveira as a co-defendant.

Cannon’s order dismisses the July 2023 superseding indictment.

The court will now close the case and cancel any scheduled hearings. Any pending motions are considered moot, according to Cannon’s order.

The Department of Justice did not immediately respond to a request for comment.

Senate Majority Leader Chuck Schumer said in a statement Monday that the “breathtakingly misguided ruling flies in the face of long-accepted practice and repetitive judicial precedence.”

“It is wrong on the law and must be appealed immediately. This is further evidence that Judge Cannon cannot handle this case impartially and must be reassigned,” the New York Democrat said.

WICHITA, KS (Dakota News Now) – One of the Dakota Alliance soccer teams that excelled during the Midwest Presidents Cup in Sioux Falls a couple of weeks ago and qualified for the national tournament is two wins away from winning a championship.

The Dakota Alliance 15 and Under girls team (nicknamed “Ambush”, seen above in our video viewer in file video during their second place finish a few weeks ago, is in Wichita, Kansas, for the national President’s Cup where they went 1-0-2 in their pool to earn one of two semifinal spots.

They’ll face the Blitz Academy FC out of Oklahoma tomorrow at 11:30 AM with the winner advancing to Tuesday’s championship game.

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SIOUX FALLS, S.D. (KELO) — An assassination attempt on former president Donald Trump has the country and world’s attention.

Here in South Dakota, KELOLAND’s Jordan DeSmet talked with U.S. Representative Dusty Johnson, Senator Mike Rounds and South Dakota Attorney General Marty Jackley to learn about their reactions to the shooting.

Former President Donald Trump, who is soon to become the GOP’s nominee for president this year formally, sustained minor injuries in the assassination attempt. One person in the crowd lost his life, and two more were critically injured.

The violence has left Rep. Dusty Johnson questioning the Secret Service.

“The Secret Service failed America yesterday, and it’s a problem not just because of what happened yesterday, but it’s also a problem for tomorrow and every day thereafter. We have presidential candidates who have threats on their lives every single day. And I think we all should have serious questions about whether or not the Secret Service is up to the task of protecting them,” Johnson said.

“The first thing I want to say is, is that this is never acceptable and that everybody should take a deep breath. And leaders, rather than inflaming, need to tell everybody to calm down,” Rounds said.

The shooter is identified as 20-year-old Thomas Matthew Crooks, who was killed by a Secret Service sniper seconds after firing at Trump.

“Certainly no elected official is immune, including myself, from violence. And we’ve had it here in South Dakota. I just had recently prosecuted the case involving the threats to both the governor and a judge. We’ve had that happen from occasion. I think it signifies the importance of addressing those threats ahead of time, making it serious,” Jackley said.

Jackley, Johnson and Rounds all agree that now is a more important time than ever for politicians on both sides to come together.

“I think you see Republican, Democrat, independent candidates and voters saying that they don’t support this type of violence,” Jackley said.

“Generally, in the wake of tragedy, Americans come together. They unify. Let’s hope that happens. Because, frankly, the more that we are divided, the more anger, frustration, fear and violence we have in the system,” Johnson said.

We are Americans first, not Republicans, Democrats or independents. We’re Americans first. Let’s join together. Let’s denounce this violence,” Rounds said.

We reached out to South Dakota Gov. Kristi Noem and Sen. John Thune for interviews but did not hear back.

To read more responses from other political leaders in South Dakota, click here.