Special counsel Jack Smith filed his appeal Monday of U.S. District Judge Aileen M. Cannon’s decision to dismiss Donald Trump’s classified documents indictment, a ruling the judge made after finding that Smith’s appointment exceeded his power as a government officer.
Cannon’s decision “conflicts with an otherwise unbroken course of decisions, including by the Supreme Court … and it is at odds with widespread and longstanding appointment practices in the Department of Justice and across the government,” Smith wrote in the appeal.
The July 15 ruling was a stunning rebuke to a historic set of charges, in which the former president was accused of repeatedly breaking the law by allegedly stashing classified documents at his Mar-a-Lago home and obstructing government efforts to retrieve them.
Smith had quickly vowed to appeal Cannon’s decision in the hopes of getting a higher court to revive the case against Trump. He filed his legal argument one day before the formal deadline set by the federal appeals court in Atlanta.
The court filing argues that the implications of Cannon’s decision could extend far beyond special counsel appointments to many other types of government officials.
“The district court’s rationale could jeopardize the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch,” Smith wrote.
This is a developing story. It will be updated.
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