Special Counsel Fights to Revive Trump Classified Documents Case in Landmark Appeal

Special counsel Jack Smith informed a federal judge on Wednesday of his intention to appeal the dismissal of former President Donald Trump’s classified documents case to the 11th Circuit Court.

This brief notice of appeal follows U.S. District Judge Aileen Cannon’s unexpected decision to throw out the indictment. Cannon ruled that Smith’s appointment by U.S. Attorney General Merrick Garland was unlawful. Smith’s office criticized the ruling, stating it was inconsistent with decisions from other courts on the matter.

“The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the attorney general is statutorily authorized to appoint a special counsel,” said Peter Carr, spokesperson for Smith’s office. “The Justice Department has authorized the special counsel to appeal the court’s order.”

Judge Cannon, appointed by Trump in 2020, argued that Smith should have been appointed by the president and confirmed by the Senate, not by the attorney general. “The superseding indictment is dismissed because special counsel Smith’s appointment violates the appointments clause of the United States Constitution,” Cannon detailed in her 93-page order.

Former President Trump pleaded not guilty last year to 40 criminal charges related to his handling of classified documents post-2020 election defeat. Prosecutors alleged Trump unlawfully stored the documents at his Mar-a-Lago residence and obstructed federal efforts to retrieve them.

The case now moves to the 11th Circuit, where Judge Cannon has faced reversals previously. In 2022, her decision requiring prosecutors to submit seized documents to a third party was unanimously overturned by the federal appeals court.

Legal analyst Jeffrey Evan Gold expects a similar outcome for Cannon’s recent ruling. Gold noted that prior judges have consistently rejected Cannon’s arguments, affirming that attorneys general have the authority to appoint special counsels. Gold found Cannon’s decision surprising given her earlier reversal in the case.

“District judges follow the law,” Gold said. “They don’t take chances to get reversed, especially if they’ve been reversed already, then they’re extra cautious.”

However, Gold also pointed out the conservative nature of the 11th Circuit, suggesting Smith’s appeal might not be straightforward. The appellate court’s slower pace during summer could delay proceedings further, although Gold mentioned an expedited process might occur in this case.

Should prosecutors secure another reversal at the appellate level, they could pursue removing Cannon from the case, a process likely extending beyond the November presidential election. Cannon’s prior actions, including indefinitely delaying the trial date and resisting calls to recuse herself due to perceived conflicts of interest, have already raised concerns among legal experts.

Her Monday dismissal offers a temporary reprieve for Trump amidst delays in his various legal battles, including a paused sentencing in his New York hush-money trial following a recent U.S. Supreme Court ruling granting broad presidential immunity.