Feds Appeal Dismissal of Trump Documents Case

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Feds Trump Documents Dismissal

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.