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U.S. District Judge Aileen Cannon threw out the case last month.
Former President Donald Trump faced 40 charges related to allegedly obstructing the governments efforts to recover documents from his Mar-a-Lago estate.
A spokesman for Special Counsel Jack Smith revealed the move in a statement made hours after U.S. District Judge Aileen Cannon threw out the case on Monday.
Judge Aileen Cannon ruled that the appointment of special counsel Jack Smith was unconstitutional.
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"That carpet alone should get him arrested," one person joked.
The federal judge, a Trump nominee, decided to stay on the case despite her minimal trial experience and other concerning optics at play.
Legal experts say Cannon's decision is "almost unheard of."
Trumps attorneys found more classified files months after the FBI searched the Florida club, according to newly unsealed documents.
Ty Cobb said Judge Aileen Cannon is "not capable of ruling intelligently or fairly."
Lawyers and pundits had strong reactions to Judge Aileen Cannon's decision.
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