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.
