Jack Smith, the US Department of Justice Special Counsel has requested a federal court to reinstate the case against former President Donald Trump, who is accused of mishandling classified government documents discovered at his Florida residence in 2021. The case was dismissed in July by Judge Aileen Cannon in Florida, a Trump appointee, who determined that the presence of special counsels was unconstitutional.
In his appeal on Monday, Smith argued that the judge’s decision diverged from legal precedent and inadequately considered the historical context of legally appointed special counsels.
Classified documents case
Trump had pleaded not guilty to several felony charges in the now-dismissed case, including the willful retention of national defense information. The 37-count indictment accused Trump of keeping files at his Florida estate and lying to investigators. It also alleged that he attempted to obstruct the investigation into his handling of the documents. He was charged alongside aide Walt Nauta and former employee Carlos de Oliveira, who had also pleaded not guilty.
Mr. Smith’s request on Monday defended the appointment of special counsels to a federal appeals court in Atlanta. The filing referred to “Congress’s endorsement of that practice through appropriations and other legislation.” Mr. Smith’s team stated that the attorney general validly appointed the special counsel, who is also properly funded. They argued that in ruling otherwise, the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the special counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels.
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Deadline of September 26
Trump’s legal team has until September 26 to respond to Mr. Smith’s arguments. Trump had entered a not guilty plea to multiple felony charges in the now-dismissed case, including the willful retention of national defense information.
The filing stated that Nixon conclusively refutes the defendants’ challenge to the Special Counsel’s appointment, as every other court that has considered the issue has found. It also mentioned that Congress has granted the Attorney General, similar to heads of many Executive departments, broad authority to structure the agency to fulfill the legal responsibilities imposed on him.
Uncertain Outcome
Trump’s case was one of four criminal trials he faced. Regardless of the progress in the classified documents case, it is highly unlikely that it will go to trial before the presidential election in November. If Trump wins the election, experts predict that he may instruct the Justice Department to dismiss the cases against him.
A special counsel holds the powers of a US attorney, including the ability to subpoena records and bring criminal charges. They are appointed by attorneys general to ensure an independent and impartial investigation. Special counsels can also prosecute anyone who interferes with their investigation through crimes such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses. They are not supervised daily by the Justice Department, although the department provides staff to the special counsel’s office.
Trump is not the only notable figure being investigated by a special counsel. President Joe Biden’s son, Hunter, is also facing prosecution for gun and tax crimes by a special counsel appointed by Attorney General Merrick Garland. Mr. Garland appointed Mr. Smith in 2022 to oversee two federal investigations into Trump—the classified documents case and another case regarding Trump’s alleged attempt to interfere in the 2020 election results. Both cases face uncertain outcomes following the Supreme Court’s ruling last month that presidents are legally immune from certain actions taken while in office.
On July 15, the classified documents case against Republican Presidential candidate and former US President Donald Trump was dismissed after US District Judge Aileen Cannon sided with defense lawyers. The defense had contended that the special counsel, who filed the charges against Trump, was illegally appointed by the US Justice Department.
Trump’s Vice-President Mike Pence and current US President Joe Biden have also faced scrutiny for having classified materials in their possession; however, the Biden and Pence cases differ from those involving Trump.Documents in possession of Pence and Biden were voluntarily turned over to investigators as soon as they were found.
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