Jack Smith, the special counsel prosecuting the federal classified documents case against Donald Trump, has filed an appeal with the U.S. Court of Appeals for the 11th Circuit in Atlanta.
On Monday, Judge Aileen Cannon dismissed all charges against Trump in the case, which accuses him of taking classified documents to his Mar-a-Lago residence after leaving office.
Cannon agreed with Trump’s legal team that Smith’s appointment was deemed “unlawful” due to violating the “appointments clause.” In 2023, Attorney General Merrick Garland appointed Smith as the special counsel overseeing various investigations related to Trump, including the classified documents inquiry.
The anticipated appeal on Wednesday indicates that the 11th Circuit Court will determine the fate of the case. The appeal could potentially elevate the case to the U.S. Supreme Court and likely extend the legal proceedings beyond the 2024 presidential election in November.
If the case proceeds, it might be assigned to a different judge. If Trump wins the presidency, he may instruct the Justice Department to drop the case.
This appeals court has previously ruled in favor of the Justice Department over Cannon in Trump’s documents case. In 2022, the court lifted a hold placed by Cannon on documents seized from Mar-a-Lago, which the Justice Department used to formulate its charges against Trump.
Smith’s office has not yet commented on the recent appeal.
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