Special counsel Jack Smith appeals dismissal of Trump classified docs case

Dave Goldiner, New York Daily News

26 August 2024 at 5:13 pm·2-min read

Special counsel Jack Smith Monday appealed Judge Aileen Cannon’s dismissal of the classified documents case against former President Donald Trump.

The prosecutor argued in a filing to the federal 11th Circuit Court of Appeals that his appointment by Attorney General Merrick Garland was legal, countering Cannon’s ruling that the special counsel law is unconstitutional.

Smith argued that Cannon’s decision is “at odds with widespread and longstanding appointment practices in the Department of Justice and across the government.”

The appeal is the latest twist in the case that many legal experts had considered the strongest and most straightforward of the four criminal cases Trump faced, including the New York State hush money case that led to his conviction on 34 felony counts.

Cannon, a right-wing Trump appointee with little courtroom experience, has derailed the case with months of delays and odd rulings. Her order dismissing the case last month brought all proceedings to a halt, at least for now.

It not known how long it will take for the Atlanta-based appeals court to decide the matter. Even if it overturns Cannon’s dismissal and revives the case, there’s no chance of a trial before the November presidential election.

Trump, if elected, could force the case to be dropped along with any other federal criminal prosecutions he faces.

Trump was indicted on charges he improperly took classified documents from his presidency to his Mar-a-Lago estate in Florida, and defied the government’s efforts to get them back.

Two Trump workers also face charges for allegedly helping him obstruct the high-stakes probe. All three have pleaded not guilty.

Smith, a one-time Brooklyn prosecutor, was appointed special counsel in November 2022 to investigate Trump’s handling of the documents as well as his efforts to overturn his loss in the 2020 presidential election ahead of the Jan. 6 attack on the Capitol.

Attorney General Merrick Garland said he named Smith to avoid any perception of political bias after Trump announced he would run for president in 2024.

Once the case ramped up, Trump defense lawyers argued that Smith’s appointment violated the Constitution’s Appointments Clause, a motion that prompted Cannon to hold a multiday hearing in June.

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