Jack Smith appeals to overturn Judge Aileen Cannon's dismissal of Trump classified documents case

PALM BEACH, FLORIDA: On Monday, August 26, Special Counsel Jack Smith urged an appeals court to overturn US District Judge Aileen M Cannon's decision to dismiss the classified documents case against Donald Trump, arguing that Attorney General Merrick Garland had clear authority to appoint him as the lead prosecutor.

Smith argued that Judge Cannon ignored decades of precedent with her extraordinary decision to dismiss the indictment. She claimed that Smith's appointment was improper and that he wielded excessive authority for a position not confirmed by the Senate.

Special counsel's appeal challenges Judge Aileen M Cannon's ruling on Trump case

The recent 60-page submission to the US Court of Appeals for the 11th Circuit underscores the tension between Special Counsel Jack Smith and Judge Cannon, who was appointed by Trump and confirmed just before his term ended, as per The Washington Post.

In a measured tone, Smith argued that Judge Cannon's dismissal of Trump's indictment disregarded decades of legal precedent and the Justice Department's established practices regarding appointing special or independent prosecutors.

The appeals court has previously reversed one of Judge Cannon's decisions in this case during an earlier stage of the classified documents investigation.

After FBI agents retrieved numerous classified documents from Trump's residence, Judge Cannon ruled against the Justice Department, ordering that an independent legal expert review portions of the evidence.

The 11th Circuit firmly rejected and overturned that ruling. Smith is now asking the same court to intervene again to allow the case to proceed.

Judge Cannon's ruling that Smith's appointment was illegal has halted what many attorneys considered the most robust criminal case against the former president, who is once again running for the presidency.

Two additional indictments against Trump are currently on hold. In May, he was found guilty in a separate criminal case of falsifying business records related to hush money payments made in 2016.

His sentencing is scheduled for next month, although his attorneys have requested a postponement.

Jack Smith argues Aileen M Cannon's ruling conflicts with established precedent

In the court filing on Monday, Jack Smith argued that for many years, attorneys general have appointed special counsels, and successive courts have consistently affirmed the legitimacy of these appointments.

Cannon’s decision “conflicts with an otherwise unbroken course of decisions, including by the Supreme Court, and it is at odds with widespread and long-standing appointment practices in the Department of Justice and across the government,” Smith wrote.

Trump is expected to respond to the appeal within 30 days. His campaign released a statement on Monday, urging the higher court to uphold Judge Cannon's decision.

“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,” Steven Cheung, a spokesperson for the Trump campaign, made a statement. “Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”

Judge Cannon's ruling on July 15 was a surprising dismissal of serious allegations, where the former president faced accusations of repeatedly violating the law by allegedly concealing classified documents at his Mar-a-Lago residence and obstructing government efforts to recover them.

Smith promptly pledged to appeal, submitting his legal argument just one day before the Tuesday deadline set by the federal appeals court in Atlanta.

Internet ridicules Jack Smith

As soon as the news hit social media, users began to react. A user wrote mocking Smith, "Can’t wait to see Jack Smith lose this as well. It’s going to be hilarious to witness more meltdowns on X."

Another added, "Bahaha he's so desperate. What a loser."

A third commentator claimed, "Smith is going to lose… He was not legally appointed."

One user commented, "Cannon has done and exceptional job so far, despite loony Ds whining. Smith and Garland are toast."

"Cool he shopped for a judge! Not going to hold up on appeal if it even makes it to that level," a person wrote.

Another user added, "He will find out soon that he’s not above the constitution."

 

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