Special Counsel Smith Appeals for Reinstatement of Trump Documents Case
Special Counsel Jack Smith has approached the U.S. Court of Appeals for the 11th Circuit with a request to overturn Judge Aileen Cannon’s decision to dismiss the Justice Department’s case against former President Donald Trump concerning his management of classified documents.
Special Counsel's Statement
On August 26, the Special Counsel submitted a brief to the appellate court stating, "The Attorney General validly appointed the Special Counsel, who is also properly funded.” The brief further criticized the district court for deviating from the binding Supreme Court precedent, misinterpreting the statutes that authorized the Special Counsel’s appointment, and inadequately considering the longstanding history of Attorney General appointments of special counsels.
Judge Cannon's Ruling
In July, Judge Cannon ruled that the appointment of Smith as special counsel was in violation of the U.S. Constitution, specifically the appointments and appropriations clauses. In a comprehensive 93-page ruling, Cannon stated that Smith’s prosecution of the former president “breaches two structural cornerstones of our constitutional scheme—the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law.”
Implications of the Ruling
This ruling has cast a shadow of doubt over the Justice Department’s use of special counsels. The judge declared that Smith was an inferior officer, which necessitates Congress to authorize the attorney general to appoint him as special counsel, a step that was not taken in this case.
Bottom Line
This case has brought up significant questions about the appointment and role of special counsels, as well as the constitutional implications of such appointments. It remains to be seen how the U.S. Court of Appeals for the 11th Circuit will respond to Special Counsel Smith's request. What are your thoughts on this matter? Feel free to share this article with your friends for their input. Remember, you can sign up for the Daily Briefing, which is delivered every day at 6pm.
