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Special counsel Jack Smith has urged the Eleventh Circuit to reverse the dismissal of the classified documents case against former President Donald Trump. In an opening brief filed Monday, Smith argued that the lower court's ruling, which deemed his appointment as special counsel unconstitutional, contradicts legal precedent and the long history of such appointments by the attorney general.

Feds Trump Documents Dismissal : Smith's Argument for Reversal

Smith's appeal targets a July decision by U.S. District Judge Aileen Cannon, who found that Attorney General Merrick Garland lacked the authority to appoint Smith as special counsel under the U.S. Constitution’s appointments clause. In his brief, Smith contends that this ruling "deviated from binding Supreme Court precedent" and ignored established statutes authorizing the attorney general to appoint special counsels.

The brief highlights that Congress has given executive department heads, including the attorney general, "broad authority" to structure their agencies. Smith pointed to several laws that grant the attorney general specific authority to appoint special counsels, arguing that the district court's interpretation risks undermining longstanding legal practices.

The District Court's Decision

Judge Cannon's dismissal of the case challenged the validity of Smith’s appointment, arguing that only the president can appoint officers of the United States, subject to Senate confirmation. She asserted that none of the statutes cited by the Department of Justice (DOJ) gave the attorney general the authority to appoint a federal officer with prosecutorial power, such as Smith.

In contrast, Smith pointed to the Supreme Court’s 1974 ruling in United States v. Nixon, which upheld the attorney general’s power to appoint a special counsel in the Watergate investigation. He argued that this precedent should have guided Judge Cannon’s decision.

Feds Trump Documents Dismissal : Impact of Ruling on DOJ Operations

Smith warned that Judge Cannon’s ruling could jeopardize the operation of the DOJ and threaten hundreds of special counsel appointments throughout U.S. history. He emphasized that her decision ignored the historical role of special counsels, including those appointed to investigate high-profile cases like Jefferson Davis and various federal corruption scandals.

By rejecting this history as "ad hoc" and invalidating Smith’s appointment, Judge Cannon’s decision risks destabilizing the entire federal legal system, Smith said. He argued that the ruling suggests all previous special counsels appointed from outside the DOJ were improperly selected.

Trump’s Response and Case Background

Trump’s legal team, led by Chris Kise, has 30 days to respond to the government’s appeal. The briefing process is expected to conclude by mid-October. Trump's camp has called for the case's dismissal to be upheld, with campaign spokesperson Steven Cheung stating that all cases against Trump should be dismissed.

Trump, along with personal aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira, faces charges for allegedly retaining classified documents at his Florida estate and obstructing the ensuing investigation. Smith was appointed as special counsel in November 2022 to oversee the probe.

Feds Trump Documents Dismissal : Legal Representation

The government’s legal team includes David V. Harbach II, John M. Pellettieri, and others from the special counsel’s office. Trump is represented by Chris Kise and attorneys from Blanche Law, while Nauta and De Oliveira are represented by separate legal teams.