Just days after he survived an assassination attempt by a few inches, Donald Trump had one of his four criminal cases thrown out by a federal judge.
With the amazing luck he has had lately, many are beginning to think Trump is unbeatable, or even favored by God.
Judge Aileen Cannon dismissed the charges in the classified documents case on Monday, finding prosecutor Jack Smith was not legally appointed under the Constitution to serve as Special Counsel.
The decision was a shocking blow to Democrats and their hopes of damaging Trump's surging re-election bid with lawfare.
But Smith isn't giving up. In a filing Wednesday, he notified the 11th Circuit Appeals Court that he would challenge Cannon's decision.
Cannon's dismissal came after Supreme Court Justice Clarence Thomas had cast doubt on the legality of Smith's appointment in a separate opinion attached to the high court's historic immunity ruling.
In her ruling dismissing the case, Cannon found that Smith's appointment by Attorney General Merrick Garland stepped on the power given to Congress over appointments.
“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”
Smith was already facing significant obstacles before Cannon's dramatic dismissal. The Supreme Court had derailed Smith's prosecution of Trump over January 6th with its ruling on presidential immunity, making a trial before the 2024 election unlikely.
In the wake of the assassination attempt and Cannon's dramatic ruling, Trump has called for an end to all politically motivated prosecutions in the name of national unity.
Trump campaign spokesman Steven Cheung reacted to Smith's notice of appeal, saying, "As we move forward in uniting our nation after the horrific events on Saturday, this dismissal of the lawless indictment in Florida should be just the first step, followed quickly by the dismissal of ALL of the Witch Hunts."
"The Democrat-led Justice Department should drop these politically motivated, election interference efforts against President Trump immediately. Let us come together to END the weaponization of our justice system and Make America Great Again!" he said.
Smith has already signaled he plans to keep prosecuting Trump for as long as he can, even until the moment he is inaugurated, if it comes to that.