A federal judge has dismissed former President Donald Trump s indictment in his classified documents case, finding that the appointment of special counsel Jack Smith by U.S. Attorney General Merrick Garland was unconstitutional.

U.S. District Judge Aileen Cannon said in a ruling issued Monday that the appointment of Smith to prosecute the case which focuses on Trumps retention of classified government documents after leaving the White House violates the appointments clause of the U.S. Constitution.

That clause gives Congress a pivotal role in appointing certain government positions, which cannot be usurped by the Executive Branch or diffused elsewhere whether in this case or another case, whether in times of heightened national need or not, Cannon wrote.

President Joe Biden s son, Hunter Biden, was also prosecuted by a special counsel, prompting immediate speculation from political pundits that his case could likewise be dismissed based on Cannons ruling.

Peter Carr, a spokesperson for Smiths office, told HuffPost in a statement that the Justice Department has authorized the special counsel to appeal Cannons order.

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, Carr said.