Special Counsel Asks Appeals Court to Reopen Trump Documents Case | News

Special Counsel Jack Smith on Monday asked an appeals court to reopen the classified documents case against former US President Donald Trump, which had been dismissed by a federal judge.

Trump is said to have stored confidential documents – including Pentagon and CIA records – unsecured in his Mar-a-Lago home in Florida and thwarted attempts to retrieve them.

District Judge Aileen Cannon, a Trump appointee, dismissed the documents case last month on the grounds that Smith was improperly appointed and thereby usurped the role of Congress.

Smith, who was appointed special counsel by President Joe Biden's Attorney General Merrick Garland, appealed Cannon's decision to the 11th Circuit Court of Appeals and filed a brief in the case on Monday.

In his 60-page brief, Smith said there had been a “long tradition of appointing special counsels” by previous attorneys general and that Congress had approved the practice.

“The district court's contrary opinion is at odds with an otherwise consistent body of case law … and it is at odds with widespread and long-standing appointment practices in the Justice Department and throughout the government,” Smith said.

“The district court's reasoning would also raise questions about hundreds of appointments across the executive branch, including the Departments of Defense, State, Treasury and Labor,” he added.

In the case involving the documents, Trump was charged with 31 counts of “willful withholding of national defense information,” each of which is punishable by up to ten years in prison. He was also charged with conspiracy to obstruct justice and making false statements.

Trump, 78, is facing several criminal charges in his attempt to recapture the White House. In May, he was convicted in New York of falsifying business records to cover up hush money payments to a porn star.

Given the 11th Circuit's schedule, it is unlikely that the case will be resolved before the November presidential election, in which Trump is the Republican nominee.

Trump's lawyers now have 30 days to respond to Smith's brief. Smith then has 21 days to file a response to Trump's brief.

Cannon's surprising ruling followed the Supreme Court's holding that former presidents enjoy broad immunity from criminal prosecution for their official acts.

This decision has helped Trump in his efforts to delay the upcoming trials until after the November 5 vote.

These include charges in Washington – also brought by Smith – and Georgia related to efforts to overturn the outcome of the 2020 White House election, which Trump lost to Biden.

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