Jack Smith asks appeals court to reinstate Trump classified docs case

It is not clear how long it will take for the appeals court to make its decision, but even if it does reauthorize the case, the trial would not place before the November general election.

Published: August 26, 2024 4:10pm

Special counsel Jack Smith on Monday asked a federal appeals court to reinstate former President Donald Trump's classified documents case, after it was dismissed last month. 

U.S. District Judge Aileen Cannon dismissed the case in July, claiming Smith's appointment violated the Appointments clause of the Constitution, and that Smith had no authority to prosecute the case.

The appeal was filed in the 11th U.S. Circuit Court of Appeals, where prosecutors claimed the ruling was “at odds with widespread and longstanding appointment practices in the Department of Justice and across the government," according to the Associated Press.

It is not clear how long it will take for the appeals court to make its decision, but even if it does reauthorize the case, the trial would not place before the November general election.

The case includes allegations that Trump mishandled classified documents at the end of his presidency, which he kept at his Mar-a-Lago resort in Palm Beach, Florida. He was charged with dozens of felony charges related to the documents, including charges that he obstructed law enforcement and that he illegally retained the documents. 

Trump pleaded not guilty.

If the appeals court declines to reinstate the case, it could still go to the Supreme Court.

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

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