Special Counsel Seeks to Revive Trump Documents Case

Special Counsel Jack Smith has filed an appeal with a federal court, seeking to revive the case against former President Donald Trump over the alleged mishandling of classified government documents discovered at his Florida residence in 2021.

Recall that the case was dismissed in July by Florida-based Judge Aileen Cannon, a Trump appointee who argued that the existence of special counsels is unconstitutional.

In his appeal on Monday, Smith contended that Judge Cannon’s ruling diverged from established legal precedent and failed to fully consider the historical context of special counsel appointments.

Trump’s legal team has until September 26 to respond to Smith’s arguments.

Trump had pleaded not guilty to several felony charges in the dismissed case, including the willful retention of national defence information.

The 37-count indictment alleged that Trump stored classified documents at his Florida estate, lied to investigators, and attempted to obstruct the investigation into his handling of the materials.

Trump was charged alongside aide Walt Nauta and former employee Carlos de Oliveira, both of whom also pleaded not guilty.

Smith’s appeal, filed with the federal appeals court in Atlanta, defended the legality of appointing special counsels.

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The filing cited Congressional support for the practice and argued that the Attorney General had validly appointed and funded the special counsel.

The appeal referenced the landmark 1974 case against former President Richard Nixon as evidence that the Attorney General possesses the authority to appoint special counsels.

Smith’s team asserted that Judge Cannon’s decision deviated from binding Supreme Court precedent and misconstrued relevant statutes.

They emphasized the long-standing history of Attorney General appointments of special counsels, noting that the Nixon case “conclusively defeats the defendants’ challenge” to Smith’s appointment.

This case was one of four criminal trials Trump was facing. Regardless of the outcome, it is unlikely that the classified documents case will go to trial before the November presidential election.

Experts suggest that if Trump wins the election, he may direct the Justice Department to drop the cases against him.

Special counsels, who possess the authority of U.S. attorneys, can subpoena records, bring criminal charges, and prosecute those who interfere with their investigations. They operate independently of the Justice Department, although the department provides support staff.

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