Judge Aileen Cannon “misconstrued” the law and broke Supreme Court precedent by dismissing the charges, Smith argued.
Topline
Special Counsel Jack Smith formally appealed Monday the dismissal of federal charges against former President Donald Trump for allegedly mishandling White House documents, arguing U.S. District Judge Aileen Cannon “misconstrued” the law by dismissing the charges—but Smith did not ask for the Trump-appointed judge to be removed from the case.Key Facts
Prosecutors filed an appeal brief Monday at the 11th Circuit Court of Appeals, calling for the 40 felony charges against Trump to be reinstated after Cannon dismissed the case.
Cannon dismissed the case in July because she ruled Smith was unlawfully appointed, claiming the independent special counsel, who was selected by the attorney general, should have been appointed by the president and confirmed by the Senate.
The Supreme Court ruled in U.S. v. Nixon that attorneys general can appoint special prosecutors—functionally the same as a special counsel—Smith argued, and pointed to federal statutes that allow attorneys general to appoint “officials” to “detect and prosecute crimes against the United States” and “special attorney[s]” who can “undertake any civil or criminal proceedings.”
Cannon’s interpretation of federal law was “nonsensical,” Smith argued, claiming the judge also “erroneously disregarded” the history of attorneys general appointing special counsels, as well as other similar government appointments.
The special counsel asked for Cannon’s ruling to be overturned and for the criminal case to be sent back to district court to move forward to trial—but did not ask for Cannon to be removed from the case, even as the Trump appointee has faced widespread criticism for issuing rulings favorable to the ex-president.
