Special counsel Jack Smith made his decision to appeal the dismissal of the classified documents case against Donald Trump official on Wednesday, filing notice with the 11th Circuit Court of Appeals in Atlanta. US District Judge Aileen Cannon threw out the indictment against Trump and two co-defendants on Monday in Florida. Trump had faced 40 counts accusing him of mishandling of the documents and obstruction. The next step for Smith will be filing his argument for putting Trump on trial, the Washington Post reports. The appeals court's decision could be months away.
Cannon's decision said Smith is the problem—that his appointment violated the constitution. That conclusion conflicts with previous court rulings. Administrations of Republican and Democratic presidents have appointed special counsels to oversee investigations, a practice touted as increasing prosecutorial independence, per USA Today. Courts have upheld such appointments.
When Attorney General Merrick Garland named Smith, per the Post, he said the appointment would reassure Americans that the Biden administration would not be interfering with the case. Asked about Smith's filing, a Trump campaign spokesman called on the Justice Department to drop the prosecutions of Trump, urging national unity in light of the attempted assassination of the former president. (More Mar-a-Lago indictment stories.)
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