Special counsel urges appeals court to revive documents case against Trump

Washington — Special counsel Jack Smith urged an appeals court Monday to resurrect the classified documents case against former President Donald Trump, writing the lower court's decision to toss the charges "deviated" from legal precedent and "took inadequate account" of history. 

Smith submitted to the federal appeals court in Atlanta an initial brief defending his appointment as lawful and arguing U.S. District Judge Aileen Cannon's decision tossing out the charges against Trump and his co-defendants was wrong.

Cannon dismissed the indictment against Trump, aide Walt Nauta and Mar-a-Lago property manager Carlos de Oliveira in July after finding that Smith's appointment as special counsel violated the Constitution's Appointments Clause.