Special counsel Jack Smith has requested a federal appeals court reinstate the classified documents case against President Trump after it was dismissed by U.S. District Judge Aileen Cannon last month. Cannon ruled that Smith’s appointment as special counsel was unconstitutional, effectively halting the prosecution.
Smith’s legal team filed an appeal with the Atlanta-based 11th U.S. Circuit Court of Appeals, arguing in their brief that Cannon’s decision contradicts longstanding appointment practices within the Department of Justice and other government agencies.
It remains unclear when the appeals court will rule on the matter, but even if it overturns Cannon’s dismissal, a trial is unlikely to take place before the 2024 presidential election.
Trump’s defense team successfully argued that Smith’s appointment violated the Constitution’s Appointments Clause, a claim that led Cannon to hold a multi-day hearing in June. She ruled in favor of the defense, asserting that no statute specifically authorized Garland’s appointment of Smith, as he had not been nominated by the president or confirmed by the Senate.
