A U.S. District Judge dismissed the case in July after concluding that special counsel Jack Smith’s appointment to the job was unlawful
Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, in Washington.Lawyers for former President Donald Trump have urged a federal appeals court to uphold the dismissal of the classified documents case against him, saying a judge was correct in ruling that the prosecutor who brought the charges was illegally appointed.
The ruling brought an abrupt halt to the case, ensuring there would be no trial before the November presidential election. Another case brought by Smith, this one charging Trump with plotting to overturn the results of the 2020 election, was delayed by a Supreme Court opinion conferring broad immunity on former presidents.
Trump’s team responded with its own filing late Friday, telling the Atlanta-based 11th U.S. Circuit Court of Appeals to leave Cannon’s ruling in place. They said that Smith “has operated without the type of oversight and accountability that are hallmarks of inferior officers,” with a tenure largely up to him and a jurisdiction that exceeds that of presidentially appointed U.S. attorneys.
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