Jack Smith Asks Court to Reinstate Case Against Donald Trump
Special Counsel Jack Smith urged an appeals court this week to revive the classified documents case against former President Donald Trump.
According to a report from the Associated Press (AP) on Monday, Smith filed a request with the 11th U.S. Circuit Court of Appeals in Atlanta, seeking to have the case against Trump reinstated. This comes after U.S. District Judge Aileen Cannon previously dismissed the case.
In his filing, Smith argued that Cannon’s decision to dismiss the case contradicts long-established practices within the Department of Justice and throughout the government.
Last month, Cannon made headlines with a ruling that deemed Smith’s appointment as special counsel unconstitutional, effectively putting a stop to one of the two federal cases against Trump. The former president was facing 40 charges related to the mishandling of classified documents at his Mar-a-Lago estate in Florida.
After Cannon’s dismissal, Smith’s spokesperson, Peter Carr, released a statement saying, “This decision breaks from the consistent findings of all previous courts that have addressed this issue, confirming that the Attorney General has the statutory authority to appoint a Special Counsel. The Justice Department has given the Special Counsel the green light to appeal the court’s order.”
Christopher Kise, one of Trump’s lawyers, praised Judge Cannon’s ruling, stating, “Judge Cannon has upheld the rule of law and made the right decision for our country today.”
In response to the ruling last month, the former president expressed his support, calling it “an important first step” towards “uniting our nation” after the recent attempt on his life during a rally in Pennsylvania.
On Monday, a representative from Trump’s presidential campaign issued a statement in response to Smith’s latest legal filing.
“As we work towards uniting our nation, not only should the dismissal of the baseless indictment in Florida be upheld, but it should also be followed by the immediate dismissal of all these politically motivated investigations,” stated Trump spokesperson Steven Cheung.
“The Democrat-controlled Justice Department has orchestrated all of these attacks, which are nothing more than an election interference plot against President Trump, who is the political opponent of Comrade Kamala. It’s time to come together, put an end to the weaponization of our justice system, and focus on making America great again!”
In contrast, Smith’s notice of appeal stated, “The United States of America hereby gives notice that it appeals to the United States Court of Appeals for the Eleventh Circuit from the order of the District Court entered on July 15, 2024, Docket Entry 672.”
The timeline for the appeals court’s decision remains uncertain. However, even if the court overturns Judge Cannon’s dismissal and reinstates the prosecution, it’s improbable that the trial will take place before the November presidential election.
Should Trump win, he would have the power to appoint a new attorney general, who could potentially dismiss the case entirely.
In 2022, Attorney General Merrick Garland appointed Jack Smith as special counsel to oversee the investigation into Trump’s handling of classified documents. Smith is also heading the probe into Trump’s involvement in the events of January 6 and his alleged efforts to challenge the 2020 election results.
Update 8/26/24 4:58 p.m. ET: Additional information has been added to this story.