Jack Smith to appeal Cannon dismissal of Trump classified docs case

Special counsel Jack Smith is expected to appeal Judge Aileen Cannon's dismissal of a classified documents case against former President Donald Trump.

No timeline for Smith's appeal has been given so far, but it is expected to go to the 11th U.S. Circuit Court of Appeals. However, the case could eventually reach the Supreme Court.

Cannon sided with Supreme Court Clarence Thomas on Monday when dismissing the federal case, claiming there was no federal statute cited by the Justice Department that authorized Smith's appointment by Attorney General Merrick Garland. This would mean Smith has no authority to prosecute the case.

“The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,” Smith's office spokesman Peter Carr said in a statement obtained by The Hill. “The Justice Department has authorized the Special Counsel to appeal the court’s order."

If the dismissal is overturned, the case is still not expected to be heard before the November presidential election.

Cannon said the appointments clause in the Constitution is meant to give Congress the power to appoint a special counsel, not the Justice Department. The dismissal does not comment on the merits of the classified documents case.

“The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers,” Cannon wrote in a 93-page ruling. “The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”  

The ruling comes after the Supreme Court determined that Trump is immune from prosecution for "official acts," as president. But the dismissal centers on Thomas's concurring opinion that questioned the constitutionality of Smith's office.

Misty Severi is an evening news reporter for Just the News. You can follow her on X for more coverage.