Special Counsel Jack Smith has filed an appeal to Judge Aileen Cannon's dismissal of the federal classified documents case against former President Donald Trump.
In a filing submitted Monday to the 11th Circuit Court of Appeals, Smith argued that Cannon's decision "deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels."
In July, Cannon dismissed all charges in the federal court case in Florida against Trump for his alleged involvement in taking classified documents with him to his Mar-a-Lago residence after leaving office.
Cannon agreed with Trump's lawyers that the Department of Justice's appointing Smith was "unlawful" for violating the "appointments clause."
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Supreme Court Justice Clarence Thomas appeared to give strength to the argument when he wrote a concurring opinion in a case involving presidential immunity.
"A private citizen cannot criminally prosecute anyone, let alone a former President," Thomas wrote. "No former President has faced criminal prosecution for his acts while in office in the more than 200 years since the founding of our country. And, that is so despite numerous past Presidents taking actions that many would argue constitute crimes. If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding."
The Department of Justice has a longstanding policy of resisting political influence on investigations involving major political figures. It has been customary for the Department of Justice to appoint a special counsel in such cases. A special counsel was also picked in the Department of Justice's investigation into President Joe Biden's son Hunter Biden.
Prior to Cannon dismissing the charges, Trump faced 40 criminal counts. Personal aide Walt Nauta faced eight counts while Mar-a-Lago property manager Carlos De Oliveira had four counts against him. Their charges were also dismissed.
