Special Counsel Jack Smith must submit his opening brief appealing the dismissal of President Trump's classified documents case by August 27, as indicated by a briefing notice from the United States Court of Appeals for the Eleventh Circuit on Thursday.
This follows Smith's filing of an official notice of appeal after U.S. District Judge Aileen Cannon unexpectedly dismissed the case.
Judge Cannon dismissed the case, arguing that Smith's appointment as special counsel was unconstitutional since he was neither appointed by the president nor confirmed by Congress. A spokesperson for the special counsel's office stated that this dismissal diverges from previous court rulings, which have consistently held that the Attorney General has the statutory authority to appoint a special counsel.
According to the court's briefing schedule, Trump and his co-defendants must respond to Smith's opening brief by late September, with Smith's reply due in mid-October.
Trump, who pleaded not guilty last year to 40 criminal counts related to his handling of classified documents post-presidency, has denied all charges and condemned the investigation as a political witch hunt. Prosecutors allege that Trump repeatedly refused to return hundreds of classified documents and took measures to obstruct the government's efforts to retrieve them.
