Prosecutors Appeal Dismissal of Trump Documents Case
The New York Times
The special counsel, Jack Smith, argued that Judge Aileen Cannon had erred in throwing out charges against Donald Trump of improperly holding national security secrets after leaving office.
Federal prosecutors began their bid to resurrect the moribund classified documents case against former President Donald J. Trump on Monday, telling an appeals court in Atlanta that the trial judge had improperly thrown out the charges.
In a filing to the U.S. Court of Appeals for the 11th Circuit, the prosecutors argued that the judge, Aileen M. Cannon, erred last month when she handed down a bombshell ruling that dismissed the case on the grounds that Jack Smith, the special counsel who brought it, had been appointed to his job illegally.
The ruling by Judge Cannon, who was placed on the bench by Mr. Trump, stunned many legal experts for the way that it upended 25 years of Justice Department practice and flew in the face of previous court decisions about the appointments of special prosecutors reaching back to the Watergate era.
Issued on the first day of the Republican National Convention, where Mr. Trump formally accepted his party’s presidential nomination, Judge Cannon’s ruling also gave him a major legal victory at an auspicious political moment.
Mr. Smith’s appellate brief on Monday was merely the start of a legal battle that may end up at the Supreme Court and is likely to drag on until well after the election in November.
Should Mr. Trump win the election, he would have the power to fire Mr. Smith and could order the Justice Department to drop the appeal. Should he lose, the appeals process will determine whether he can still go to trial on the charges.
