CNN reports:
Special counsel Jack Smith is arguing to revive his office’s classified documents case against Donald Trump with a vigorous defense of its authority in the first formal filing since Judge Aileen Cannon dismissed the criminal case last month.
In a brief filed with the 11th US Circuit Court of Appeals in Atlanta on Monday, Smith argues that Cannon’s decision to end the Trump case because the prosecutors’ office lacked constitutional authority was “novel” and “lack[ed] merit.”
Cannon had ruled the Justice Department didn’t have the ability to appoint or fund special counsels like Smith. Smith’s team also cast the decision from Cannon as not just affecting other special counsel prosecutions – of which there are several ongoing in other courts, against Trump and Hunter Biden, among others – but also as potentially affecting the power of leaders across the federal government.
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BREAKING: Special counsel Jack Smith has filed a brief in an appeal of Judge Cannon’s decision to dismiss the case against former President Trump over his handling of classified documents.@lawofruby explains more. pic.twitter.com/uVuYcaPHPO
— MSNBC Reports (@MSNBC_reports) August 26, 2024