Special Counsel Jack Smith asked an appeals court to overturn U.S. District Judge Aileen M. Cannon’s dismissal of the classified-documents case against Donald Trump – an action that he claims threatens to unravel decades of established legal precedent.
At the heart of the matter is Cannon’s surprising decision to dismiss the indictment against the former president, arguing that Smith’s appointment by Attorney General Merrick Garland was invalid because Smith was not confirmed by the Senate.
In his filing, a meticulously crafted 60-page document submitted to the U.S. Court of Appeals for the 11th Circuit, Smith argues that Cannon’s ruling disregards decades of legal precedent that supports the appointment of special counsels. The dismissal of the case against Trump, he claims, could have far-reaching consequences, undermining not just this prosecution but the broader system of checks and balances that relies on the Justice Department’s independence.
In her decision on the classified-documents case, Cannon made a distinction between independent counsels, which have been used in the past, and Garland’s appointment of Smith as a special counsel. Smith argues that this distinction is superficial and does not reflect the legal realities that have allowed for such appointments across different administrations.
This isn’t the first time Smith and Cannon have clashed. Earlier in the investigation, Cannon attempted to impose an outside legal expert to review evidence gathered from Trump’s Mar-a-Lago estate, a move swiftly overturned by the 11th Circuit. Now, with the stakes higher than ever, Smith is once again turning to the appellate court to ensure that the case can move forward.
Cannon’s decision, while currently confined to her jurisdiction in South Florida, sets a significant precedent that could call into question the legitimacy of numerous other government appointments. Cannon’s ruling has already put the brakes on what many saw as the most formidable criminal case against Trump, as two other indictments also remain in limbo. Should Trump win the 2024 election, he could use his power to halt the appeals process entirely, directing his Justice Department to drop the case. However, if he loses, the appeal will likely continue under the next administration – possibly leading to a Supreme Court showdown.
