US Special Counsel Jack Smith on Monday petitioned a federal appeals court to reinstate the criminal case against Donald Trump for allegedly holding onto classified documents, following a lower court's dismissal of the indictment in July, as per a court document.
In their filing, Smith and his legal team pressed the Atlanta-based 11th Circuit Court of Appeals to reverse the July 15 decision by District Court Judge Aileen Cannon, who ruled that Smith's appointment was unlawful and lacked the necessary legal authority to prosecute the case.
"Congress has granted the attorney-general, similar to the heads of many executive departments, extensive authority to organize the agency he leads to fulfill the legal obligations placed upon him," they argued. "The district court's opposing view contradicts a consistent line of decisions, including those from the Supreme Court, affirming the attorney-general's authority, and clashes with established appointment practices within the Department of Justice and throughout the government."
The Justice Department had earlier indicated its intention to appeal the ruling. In Monday's filing, Smith's office additionally requested the appellate court to arrange for oral arguments. Cannon, appointed by Trump, determined that Attorney-General Merrick Garland's appointment of Smith in 2022 contravened the US Constitution. She also deemed his budget, financed through an indefinite appropriation, to be unlawful.
Trump's legal team had previously contested the legitimacy of Smith's appointment, asserting that Smith's office was not established by Congress and that the special counsel was not confirmed by the Senate. Trump's campaign on Monday urged the court to deny Smith's request and called for the dismissal of other cases against the former president.
"Not only should the dismissal of the Lawless Indictment in Florida be affirmed, but be immediately joined by a dismissal of ALL the Witch Hunts. The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Comrade Kamala’s Political Opponent, President Trump. Let us come together to END all Weaponization of our Justice System," stated Trump campaign spokesperson Steven Cheung.
Cannon's ruling has drawn strong criticism, with many legal experts arguing it contradicts previous court decisions that have consistently upheld the legality of the Justice Department's practices in appointing special counsels. "The attorney-general validly appointed the special counsel, who is also properly funded," Smith's office contended, noting that Cannon had "deviated from binding Supreme Court precedent" and also "misinterpreted the statutes authorizing the special counsel's appointment."
Cannon's dismissal of the case represented a legal triumph for Trump, shortly after the Supreme Court determined he enjoyed broad criminal immunity from prosecution for actions taken during his presidency. This Supreme Court decision has significantly delayed Smith's second criminal case against Trump, concerning charges related to efforts to overturn the 2020 presidential election results.
Smith must inform the judge overseeing the election subversion case by Friday on how he plans to proceed in light of the Supreme Court's ruling. Trump, who is contesting the 2024 presidential election against Vice-President Kamala Harris, was convicted in May on New York state charges involving hush money paid to a porn star to prevent a sex scandal before the 2016 election. His sentencing has been deferred due to the Supreme Court's ruling on presidential immunity.
In the documents case, Trump was indicted on charges of willfully retaining sensitive national security documents at his Mar-a-Lago estate in Florida after leaving office in 2021 and obstructing government attempts to recover the material.
