Smith Appeals Dismissal of Trump Classified Docs Case
Special counsel Jack Smith filed an appellate brief with the US Court of Appeals for the 11th Circuit on Monday, accusing Judge Aileen Cannon of mistakenly dismissing former Pres. Donald Trump's classified documents case last month....
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Facts
- Special counsel Jack Smith filed an appellate brief with the US Court of Appeals for the 11th Circuit on Monday, accusing Judge Aileen Cannon of mistakenly dismissing former Pres. Donald Trump's classified documents case last month.[1]
- Cannon dismissed the case accusing Trump of mishandling classified documents after his presidency by ruling Smith's appointment was unconstitutional because it violated the Appointments Clause of the Constitution.[2]
- In her ruling, Cannon referenced a July concurrence written by Supreme Court Justice Clarence Thomas in the case that saw the court grant Trump and all presidents broad immunity for official acts. Thomas wrote that the appointment of special counsels may be unconstitutional.[3]
- Smith's filing said the attorney general 'validly' appointed the special counsel in accordance with precedent, and Cannon's 'contrary' view differs from 'an otherwise unbroken course of decisions, including by the Supreme Court.'[4]
- Trump's lawyers have until Sept. 26 to respond to Smith's filing.[4]
- Prior to Cannon's ruling, Trump was facing 40 charges related to allegations he retained hundreds of classified documents from the White House at his Mar-a-Lago residence and obstructed the government's attempt to get them back.[5]
Sources: [1]New York Times, [2]FOX News, [3]CNN, [4]CBS and [5]Independent.
Narratives
- Democratic narrative, as provided by Salon. By every interpretation of the law — regardless of what Thomas may have written as part of a totally unrelated case — Smith should prevail in his appeal. Cannon can't value Thomas' opinion over 50 years of precedent. Although Smith didn't request that Cannon be removed from this case, there's a chance the appeals court will look at her numerous questionable rulings and decide to make a change.
- Republican narrative, as provided by One America. Cannon's ruling was constitutionally sound based on the separation of powers and the powers that were granted to Congress in terms of appointments. This appeal is just continuing to divide a nation that's had to deal with too many politically motivated criminal cases brought by the Biden administration's Justice Department. All other cases against Trump should be similarly dropped.
