U.S. District Judge Aileen Cannon threw out the case last month.
U.S. District Judge Aileen Cannon threw out the case, one of four prosecutions of Trump, after concluding that Smith’s appointment as special counsel was unconstitutional.Smith’s team then appealed to the Atlanta-based 11th U.S. Circuit Court of Appeals, with prosecutors saying in their appeal brief that Cannon’s decision is “at odds with widespread and longstanding appointment practices in the Department of Justice and across the government.
The appeal is the latest development in a prosecution that many legal experts consider a straightforward criminal case but has been, months of hearings before Cannon, a Trump-appointed judge, and ultimately a dismissal order that brought the proceedings to at least a temporary halt. It’s unclear how long it will take for the appeals court to decide the matter, but even if it overturns Cannon’s dismissal and revives the prosecution, there’s no chance of a trial before the November presidential election and Trump, if elected, could appoint an attorney general who would dismiss the case.
Special counsel Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington.The case includes dozens of felony charges that Trump illegally retained classified documents from his presidency at his Mar-a-Lago estate in Palm Beach, Florida, and obstructed the government’s efforts to get them back. He has pleaded not guilty.
Smith’s team is expected to point out that special counsel appointments have been repeatedly upheld by judges in multiple cases, and that an attorney general’s ability to name a special counsel is well-established.By entering your email and clicking Sign Up, you're agreeing to let us send you customized marketing messages about us and our advertising partners. You are also agreeing to our
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