Special counsel Jack Smith is making a strong case to revive the classified documents case against former President Donald Trump. This comes after Judge Aileen Cannon dismissed the criminal case last month, citing lack of constitutional authority for the prosecutors' office.
In a recent filing with the 11th US Circuit Court of Appeals in Atlanta, Smith argues that Cannon's decision was 'novel' and lacked merit. The ruling questioned the Justice Department's ability to appoint or fund special counsels like Smith.
Smith's team emphasized that the implications of Cannon's decision could extend beyond just the Trump case, potentially affecting the power of leaders across the federal government. They highlighted that if the Attorney General lacks the power to appoint inferior officers, it could invalidate numerous appointments throughout the Executive Branch.
Trump was charged last summer with mishandling sensitive government documents and obstruction of justice. He and his co-defendants have pleaded not guilty to the charges.
The 11th Circuit is currently reviewing Cannon's determinations regarding the constitutionality of Smith's appointment and the funding of his office.
While other courts have upheld the use of special counsels, Cannon's ruling raised questions about the authority of the Justice Department to make such appointments and the proper appropriation of funding.
Trump's campaign spokesman called for the dismissal of all charges against Trump in various states, while attorneys for the other defendants in the case did not immediately comment.
The appeals court, known for its conservative lean, will decide whether the case can be reinstated. The process is expected to take months or even years to resolve.
It remains to be seen whether the case will reach the Supreme Court, as other courts have ruled differently on similar legal questions. The DOJ's brief indicates a readiness to defend the case before the highest court if necessary.
Overall, the case against Trump and the challenges to the special counsel's authority highlight the complex legal issues at play in high-profile prosecutions.
