Special counsel Jack Smith is urging the 11th US Circuit Court of Appeals to reverse a ruling that dismissed the classified documents case against former President Donald Trump.
CNN reported that the ruling, made by Judge Aileen Cannon, argued that the Department of Justice (DOJ) lacked the authority to appoint and fund special counsels like Smith, a decision that could have far-reaching implications for federal prosecutorial powers.
Smith’s appeal seeks to reinstate the case, which could set a significant precedent for future special counsel appointments.
In an 81-page brief filed with the 11th Circuit on Monday, Smith's team described Cannon's ruling as “novel” and lacking in legal merit.
Last month, Judge Cannon dismissed the classified documents case against Trump, questioning the DOJ's constitutional authority to appoint special counsels. This ruling has sparked widespread debate, as it directly challenges the DOJ’s long-standing practices.
The dismissal is rooted in a broader legal discussion, highlighted by a concurrence from Supreme Court Justice Clarence Thomas, who questioned the constitutional legitimacy of special counsel appointments.
Cannon’s decision echoes these concerns, suggesting that the DOJ's powers may be overstepped in such appointments.
Smith's legal team, however, argues that this ruling threatens to disrupt not only the Trump case but also other ongoing special counsel prosecutions across the federal government.
They emphasize that the ruling could have a domino effect on appointments within other executive branches, such as the Departments of Defense, State, and Treasury.
The implications of this case extend beyond Trump’s legal battles. Trump was charged last summer with mishandling sensitive government documents and obstructing justice. He, along with his co-defendants, has pleaded not guilty to all charges.
Smith’s team has pointed out that if Cannon’s ruling stands, it could weaken federal prosecutorial powers across the board. “If the Attorney General lacks the power to appoint inferior officers, that conclusion would invalidate the appointment of every member of the Department who exercises significant authority and occupies a continuing office,” Smith’s office stated in the brief.
The 11th US Circuit Court of Appeals, which is known for its conservative lean, is now reviewing Cannon’s decision.
This court has previously ruled against Judge Cannon’s decisions, particularly regarding the FBI’s search of Trump’s Mar-a-Lago estate. These past rulings may play a role in how the court approaches the current appeal.
Smith’s appeal is part of a broader legal strategy, as the DOJ prepares for the possibility that this case may eventually reach the Supreme Court. The brief cites historical precedents of independent prosecutors to bolster its argument that the DOJ’s powers should not be curtailed in this manner.
In response to the ongoing legal battles, Trump campaign spokesman Steven Cheung has called for the dismissal of all charges against Trump, not only in Florida but across all states where Trump faces legal challenges.
“As we move forward in Uniting our Nation, not only should the dismissal of the Lawless Indictment in Florida be affirmed, but be immediately joined by a dismissal of ALL the Witch Hunts,” Cheung said in a statement.
Cheung’s statement reflects the campaign’s broader strategy of portraying these legal challenges as politically motivated attacks on Trump. This rhetoric continues to resonate with Trump’s base, complicating the legal proceedings and public perceptions of the case.
The debate over the authority of special counsels is not limited to Trump’s case. Other criminal defendants, including Hunter Biden, are challenging the legitimacy of special counsel prosecution in various courts.
These cases, along with Smith’s appeal, are bringing renewed attention to the role and authority of special counsels within the federal legal system.
As the 11th Circuit begins its review, legal experts anticipate that the appeals process could take months, if not years. The case is expected to continue making its way through the courts, potentially reaching the Supreme Court, where a final decision could have lasting implications for federal prosecutorial authority and the future of special counsels.
