Jack Smith Appeals Trump Classified Docs Case Dismissal
Special Counsel Jack Smith on Wednesday filed an appeal of federal Judge Aileen Cannon's decision to dismiss the government's classified documents case against former Pres. Donald Trump....
Facts
- Special Counsel Jack Smith on Wednesday filed an appeal of federal Judge Aileen Cannon's decision to dismiss the government's classified documents case against former Pres. Donald Trump.1
- Cannon tossed out the case — which claims Trump mishandled classified documents after leaving the White House — on Monday, ruling that the appointment and funding of Smith was unconstitutional.2
- Smith's appeal will be heard in the 11th Circuit US Court of Appeals, which oversees appeals from Florida federal courts. Regardless of the 11th Circuit's decision, the Supreme Court will likely adjudicate the case.3
- Cannon echoed arguments made in Justice Clarence Thomas' concurring opinion in the Supreme Court's July 1 presidential immunity ruling, which granted Trump a major legal victory in his three federal criminal cases.4
- A spokesperson for Smith said that Cannon's ruling 'deviates from the uniform conclusion' that previous courts have reached regarding the Attorney General's authority to appoint a Special Counsel.5
- Trump has denied all 37 counts in the case, which started after a raid of his Mar-a-Lago residence. His spokesman, Steve Cheung, urged Smith to drop the appeal following the former president's attempted assassination last weekend.5
Sources: 1ABC News, 2Axios, 3CNBC, 4Guardian and 5FOX News.
Narratives
- Democratic narrative, as provided by The New Republic. Jack Smith is 100% justified in appealing Judge Cannon's politically biased decision to dismiss Trump's documents case. As a Trump appointee, Cannon has done little to hide her partisan leanings, and she has subverted Smith's prosecution every step of the way. Like far-right Supreme Court justices, Cannon put politics above the law, and Smith has a duty to ensure that a fair court hears his case.
- Republican narrative, as provided by The Gateway Pundit. The Justice Dept. has no limits on how far it will go to weaponize the system against Trump, and Jack Smith has shown that nothing will stop his effort to divide America. After the Supreme Court's immunity ruling and Judge Cannon's dismissal of the case, Smith should drop the politically motivated case. But even after an attempt on Trump's life, he still wants to target the presidential frontrunner. It's time to end this destructive weaponization.
