Special counsel Jack Smith’s attempt to revive the classified documents case against former President Donald Trump is likely to be extended beyond the 2024 election due to the lengthy appeals process.
Politico reported that the dismissal of the case by U.S. District Judge Aileen Cannon on July 15 has paved the way for a protracted legal battle with the 11th Circuit Court of Appeals handling the appeal.
Smith is challenging Judge Cannon's decision to dismiss the case. According to Judge Cannon, the reason for the dismissal was that Attorney General Merrick Garland's appointment of the special counsel violated the Constitution's "appointments clause.”
The appeals court, located in Atlanta, has set a timeline for the submission of legal documents that stretches into mid-October. According to the schedule, Jack Smith's brief is due by August 27. Thirty days after this date, Trump's response brief is expected to be filed.
Given this timeline, Smith will have an additional three weeks following Trump’s submission to file his reply. This means that all necessary documents might only be in place by October's end, setting the stage for oral arguments.
Oral arguments before the court are anticipated to take place weeks or even months after the briefs have been submitted. This timeline makes it increasingly likely that the case could extend past the 2024 election.
Projections suggest that if Trump emerges victorious in the 2024 presidential election, the case might be effectively ended. The continuation of the case largely depends on the timing and outcomes of appointments and appeals.
Additionally, should either party be dissatisfied with the 11th Circuit Court of Appeals' decision, further appeals to the full bench of the 11th Circuit or, ultimately, to the Supreme Court are possible.
Judge Aileen Cannon dismissed the case on July 15. She accepted Trump's position that special counsel Jack Smith was not properly appointed by Attorney General Merrick Garland due to violations under the Constitution’s "appointments clause.”
This significant ruling is now at the center of the appeal. The 11th Circuit Court of Appeals' schedule details that there will be continued legal maneuverings throughout October and potentially beyond.
Smith's brief is the first deadline in the appeals process. Following Smith's submission in late August, Trump’s legal team is afforded a 30-day period to prepare and file their response. Smith then has a three-week window for his counter-reply, extending the process further into the year.
Despite setting the written briefs' deadlines, the court has not outlined specific dates for the subsequent oral arguments. The arguments are a critical stage, as they provide both sides with an opportunity to present their positions in-depth to the appellate judges.
Experts suggest that the oral arguments might occur weeks or even months after the briefs are filed, which pushes the timeline towards the end of 2024 or beyond.
If the case moves slower than expected, another significant political element comes into play—namely, the 2024 presidential election. A win for Trump could potentially bring about an end to this revived legal battle.
The ruling by the 11th Circuit Court could be subject to further appeals. Either party can appeal to the full bench of the 11th Circuit or directly to the Supreme Court of the United States.
This potential extension poses significant implications for both Smith's prosecution team and Trump’s defense strategy. It underscores the complex legal landscape and the high stakes involved in this high-profile case.
Smith's spokesperson has not made any comments regarding the appeals' schedule or any efforts to expedite the process. This silence leaves room for speculation about the strategic moves from both sides as they prepare for the next steps.
Special counsel Jack Smith’s efforts to revive the classified documents case against Donald Trump is expected to face significant delays due to the appeals process. After Judge Aileen Cannon dismissed the case on constitutional grounds, the appeals are being handled by the 11th Circuit Court of Appeals with a timeline that stretches into mid-October, likely extending beyond the 2024 election. If Trump wins the election, the case could potentially end. Both sides are preparing for the next stages, with potential further appeals adding to the complexity of the legal battle.
