Special Counsel Appeals Dismissal of Trump Classified Documents Case, Urges Federal Appeals Court to Reinstate Prosecution

Special Counsel Jack Smith has taken legal action to revive the dismissed classified documents case against former President Donald Trump. In a brief filed with the 11th U.S. Circuit Court of Appeals, Smith argues that U.S. District Judge Aileen Cannon erred in ruling that his appointment by Attorney General Merrick Garland was unlawful.

Smith’s team contends that Cannon’s decision contradicts long-standing Justice Department practices and Supreme Court precedent. They assert that Cannon’s ruling undermines the functioning of the Justice Department and questions the validity of numerous appointments throughout the executive branch.

The controversy centers on the Constitution’s Appointments Clause, which stipulates that certain federal officials be appointed by the president and confirmed by the Senate. However, Smith’s team argues that as an “inferior officer,” he was appropriately appointed directly by the Attorney General under existing statutes.

The appeal follows a tumultuous period in the investigation, marked by delays and Cannon’s prior decision to dismiss the case. This dismissal halted proceedings in a case involving allegations that Trump illegally retained classified documents and obstructed efforts to retrieve them. Despite extensive evidence, including surveillance video and audio recordings, the case faced significant legal challenges.

Smith was appointed in November 2022 to oversee investigations into both the classified documents and Trump’s efforts to overturn the 2020 election results. While the documents case remains in legal limbo, Trump has pleaded not guilty to the charges.

Smith’s appeal argues that the Attorney General’s authority to appoint special counsels is well-established, citing historical precedents and legislative statutes. The outcome of this appeal could determine whether the prosecution proceeds or faces further delays, potentially influencing the political landscape ahead of the upcoming presidential election.