Special counsel Jack Smith filed his argument Monday urging the 11th Circuit Court of Appeals to reverse a federal judge’s surprise dismissal of former President Donald Trump’s classified documents case.
U.S. District Judge Aileen Cannon last month threw out the case against Trump that charged him with unlawfully retaining classified documents taken from his time in the White House and then seeking to obstruct the government’s efforts to retrieve them.
Cannon’s ruling centered around arguments that Smith’s prosecution of Trump was illegitimate because, in her determination, Smith was unlawfully appointed by Attorney General Merrick Garland to his position as special counsel because he was never confirmed to his post by the U.S. Senate.
Special counsels have typically served previously as U.S. attorneys, who are appointed by the president and confirmed by the Senate. Smith was previously the acting U.S. attorney for the Middle District of Tennessee and was working for the International Criminal Court at the Hague prosecuting war crimes when he was tapped by Garland in November 2022 to lead both the classified documents probe and the federal election interference investigation.
Legal experts criticized the ruling as running counter to decades of legal precedent set by other judges and appeals courts, which had rejected similar challenges to special counsels or other independently appointed prosecutors dating back to the Watergate scandal.
Cannon had already previously earned criticism in some quarters over her handling of the case as well as a number of unusual decisions seen as beneficial to Trump’s strategy of delaying any trial past the 2024 election.
In their filing Monday, Smith said Cannon’s ruling “conflicts with an otherwise unbroken course of decisions, including by the Supreme Court, that the Attorney General has such authority, and it is at odds with widespread and longstanding appointment practices in the Department of Justice and across the government.”
Former President Donald Trump speaks to guests at a rally, April 2, 2024, in Green Bay, Wis.
Scott Olson/Getty Images
Smith’s filing, which characterized Cannon’s ruling as “strained” and “nonsensical,” cited a quote from Supreme Court Justice Brett Kavanaugh in which Kavanaugh, recounting his time serving under independent counsel Kenneth Starr, writes about the “deeply rooted tradition of appointing an outside prosecutor to run particular federal investigations.”
Cannon was previously overturned twice by the 11th Circuit prior to Trump’s indictment after she granted his attorney’s request to appoint a special master to review evidence the FBI had seized in its August 2022 search of Trump’s Mar-a-Lago estate, then ordered the FBI to temporarily pause its investigation.
Special counsel seeks reversal of judge’s dismissal in Trump’s classified documents case
The special counsel appointed to investigate the handling of classified documents by former President Donald Trump is seeking a reversal of a judge’s decision to dismiss the case. The judge had ruled that the special counsel did not have the authority to bring charges against Trump for mishandling classified information during his time in office.
The case stems from allegations that Trump mishandled classified documents by improperly storing them in his private residence and sharing them with individuals who did not have the proper security clearance. The special counsel, appointed by the Department of Justice, was tasked with investigating these allegations and determining whether criminal charges should be brought against Trump.
In his ruling, the judge cited a lack of evidence to support the charges and questioned the special counsel’s authority to bring them in the first place. However, the special counsel argues that there is ample evidence to support the charges and that the judge’s dismissal was based on a misinterpretation of the law.
The special counsel is now seeking a reversal of the judge’s decision in order to continue their investigation into Trump’s handling of classified information. They argue that it is crucial to hold public officials accountable for their actions, especially when it comes to matters of national security.
The case has sparked debate over the limits of presidential power and the responsibilities of public officials when it comes to handling classified information. Critics of Trump argue that he put national security at risk by mishandling classified documents, while supporters maintain that he was within his rights as president to access and share sensitive information.
As the legal battle continues, the outcome of this case could have far-reaching implications for future presidents and their handling of classified information. It remains to be seen whether the special counsel will be successful in their efforts to reverse the judge’s dismissal and bring charges against Trump for his alleged mishandling of classified documents.
