Judge dismisses Trump classified documents case

U.S. District Judge Aileen Cannon has dismissed the classified documents charges against former President Donald Trump over concerns about legality of special counsel’s appointment, according to a new court filing.

In her ruling, the Trump-appointed judge said that because special counsel Jack Smith was not named to the position by the president or confirmed by the Senate, that his role was in violation of the appointments clause of the Constitution.

The Justice Department, the special counsel’s office and the Trump campaign did not immediately respond to requests for comment from NBC News.

The ruling is expected to be appealed.

The indictment had charged Trump with illegally keeping highly sensitive documents when he left office, and refusing to return them when asked.

The stunning ruling, which overturns decades of legal precedent of how independent prosecutors are appointed, comes as the Republican National Convention gets underway in Milwaukee and two days after the former president survived an assassination attempt.

The White House referred all inquiries to the Department of Justice.