Jack Smith is out of control.
On Monday, Special Counsel Jack Smith requested that a federal appeals court reinstate the classified docs case on former President Donald Trump, following its dismissal by a federal judge last month.
U.S. District Judge Aileen Cannon had previously dismissed the case—one of several legal battles facing Trump—after determining that Smith’s appointment as special counsel was unconstitutional. This dismissal was a significant setback for the prosecution team, who now seek to overturn this decision.
Smith’s team has appealed to the 11th U.S. Circuit Court of Appeals in Atlanta. In their appeal, prosecutors argue that Judge Cannon’s ruling conflicts with established practices in the Department of Justice and other government institutions. They contend that Smith’s appointment followed procedures that have been used for decades.
This case has faced numerous delays and complications. It was initially complicated by lengthy hearings and the judge’s dismissal order, which temporarily halted the proceedings. Despite the appeal, it remains uncertain how quickly the appeals court will resolve the matter. Even if the court overturns Cannon’s decision and reinstates the case, it’s unlikely a trial could be conducted before the upcoming November presidential election. Should Trump win the election, he could appoint a new Attorney General who might choose to dismiss the case.
The prosecution involves several felony charges against Trump, alleging that he unlawfully kept classified documents at his Mar-a-Lago estate in Palm Beach, Florida, and obstructed efforts to retrieve them. Trump has denied all charges.
Special Counsel Smith was appointed by Attorney General Merrick Garland in November 2022 to investigate not only Trump’s handling of classified documents but also his actions related to the 2020 election and the January 6th Capitol riot. While the investigation into election interference faces potential challenges, the classified documents case continues to be a focal point.
Smith’s legal team will likely emphasize that the appointment of special counsels has been upheld in past cases and that the Attorney General’s authority to appoint a special counsel is well-established.
