Special Counsel Jack Smith has urged a federal appeals court to reinstate classified documents case against former President Donald Trump.
Smith’s appeal challenges a previous decision by US District Judge Aileen Cannon, who dismissed the case on the grounds that Smith was unlawfully appointed by Attorney General Merrick Garland. Trump’s legal team had argued that Smith’s appointment violated the Appointments Clause of the Constitution, as he was neither selected by the President nor confirmed by the Senate. Judge Cannon, appointed by Trump himself, ruled in favor of the former President, leading to the dismissal of the prosecution — a move seen as a major victory for Trump.
Smith, however, claims that this ruling deviates from longstanding Justice Department practices and Supreme Court precedent. His team argues that Garland’s appointment of Smith was fully within his legal authority, as previous Attorneys General have similarly appointed special counsels.
The case centers on allegations that Trump illegally retained classified documents after leaving office and obstructed government efforts to retrieve them. Trump has consistently pleaded not guilty to the charges, describing the case as part of a broader “witch hunt” against him.
Despite Smith’s appeal, legal experts believe that even if the appeals court overturns Cannon’s decision, it is unlikely the case will go to trial before the 2024 presidential election. Should Trump win the election, he may appoint an Attorney General who will dismiss the case entirely.
The Associated Press, Daily Mail and BBC contributed to the report.
