The Justice Department is making a strong push to revive its case against former President Donald Trump involving classified documents. This comes after a judge dismissed the criminal case last month, citing concerns about the authority of special prosecutors.
In a recent filing to the 11th Circuit US Court of Appeals in Atlanta, special counsel Jack Smith's team argued against the decision made by Judge Aileen Cannon. The team believes that Cannon's ruling, which questioned the Constitutional authority of the prosecutors' office, is unfounded and lacks merit.
One of the key points of contention is Cannon's belief that the Justice Department does not have the power to appoint or fund special prosecutors like Smith. The implications of this decision, according to Smith's team, could extend beyond just the Trump case and impact other special counsel prosecutions currently underway.
The filing highlights the potential broader consequences of Cannon's ruling, suggesting that it could call into question numerous appointments within the Executive Branch, including those in key departments like Defense, State, Treasury, and Labor.
It's worth noting that Cannon dismissed the classified documents case against Trump on the same day the Republican National Convention opened in July. While she ruled that Smith's appointment was unconstitutional, she did not make a judgment on the legality of Trump's actions.
Trump and his aide Walt Nauta have both pleaded not guilty to the charges brought against them in June 2023. The indictment accuses Trump of unlawfully taking classified national defense documents from the White House after his presidency and resisting government efforts to recover the materials.
