Special Counsel Jack Smith says U.S. District Court Judge Aileen Cannon was wrong when she dismissed the case against former President Donald Trump for mishandling classified and top-secret documents.
Special counsel Jack Smith has appealed U.S. District Judge Aileen Cannon's decision when she dismissed the case last month against former President Donald Trump for mishandling classified and top-secret documents at his Florida home in Mar-a-Lago.with the 11th Circuit Court of Appeals, Smith says Judge Cannon was also mistaken in ruling that the process used to appoint the Special Counsel was unconstitutional.the case and send it back “for further proceedings.
In her ruling last month, Judge Cannon said that Attorney General Merrick Garland exceeded his constitutional authority in appointing a prosecutor who was not subject to Congressional approval. “The Special Counsel’s position effectively usurps that important legislative authority,” she wrote, “threatening the structural liberty inherent in the separation of powers.”
Cannon’s opinion runs counter to decades of rulings by other federal courts upholding the constitutionality of the Special Counsel’s office. In her analysis, Cannon examined an important 1974 Watergate-era Supreme Court opinion. Cannon determined that the Justice’s “passing remarks” are not “binding precedent on future cases.” But in his brief Smith says, “The district court erred.” In that case, Smith says the Supreme Court held “the Attorney General has statutory authority…to appoint a special prosecutor comparable to the Special Counsel.
Trump’s lawyers have 30 days to file their reply to Smith’s brief. Smith is asking the 11th Circuit to schedule oral arguments, saying he believes they “would assist the Court’s decisional process in this case of significant public importance.”As NPR's Miami correspondent, Greg Allen reports on the diverse issues and developments tied to the Southeast. He covers everything from breaking news to economic and political stories to arts and environmental stories.
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