MIAMI, United States (AFP) — A Florida judge appointed by Donald Trump on Monday dismissed one of the criminal cases against him, concerning charges that he mishandled top secret documents — a decision the prosecution is set to appeal.

The dismissal was a stunning victory for Trump, effectively removing a major legal threat against the former president, who faces other criminal cases that he says should be thrown out as well.

In her ruling, Judge Aileen Cannon said that Special Counsel Jack Smith, who brought the charges, was unlawfully appointed and that the case should be therefore tossed.

Smith was named in 2022 by Biden appointee Attorney General Merrick Garland to oversee the investigations into Trump’s handling of classified documents after he left office, as well as his efforts to overturn the 2020 presidential election results.

Peter Carr, the spokesperson for Smith’s office, said the prosecutor had been authorized by the Justice Department to appeal Cannon’s decision.

“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 in a statement.

The Trump-appointed judge made her ruling after lawyers for the 78-year-old argued for a partial stay of proceedings to allow for an assessment of a new Supreme Court ruling that a former president has broad immunity from prosecution for actions taken in his official role as president.