Federal prosecutors are seeking to reinstate the classified documents case against former President Donald Trump.
Special Counsel Jack Smith has asked a federal appeals court to reverse U.S. District Judge Aileen Cannon’s dismissal of the classified documents indictment against former President Donald Trump, although prosecutors are not seeking to remove the judge from the case.
The appeal, filed Monday, argues that Cannon made a mistake when tossing the indictment on the grounds that Smith was illegally appointed to prosecute Trump’s case where the former president was facing 40 felony counts related to allegations that he withheld classified documents after leaving the White House in January 2021.
Cannon dismissed the case on July 15, a move that bewildered many legal experts and fueled accusations that the Trump-appointed judge was partial toward the former president. But in his appeal Monday, Smith refrained from asking that Trump’s indictment be moved to another judge, a decision that MSNBC analyst Barbara McQuade told Newsweek was likely made in an effort to « return public trust » to the Justice Department, which has been withering in recent years.
« Asking to remove a judge on the basis of bias is a very significant accusation », McQuade, a former U.S. attorney for the Eastern District of Michigan, told Newsweek over email Monday. « A judge’s decision against your position does not make her biased. »
« In this case, the decisions were so profoundly outside of the norms, that I think Smith had to at least consider making this request », McQuade added. « However, a consistent theme throughout this administration has been an effort to return independence and public trust to the Department of Justice.
