Please ensure Javascript is enabled for purposes of website accessibility

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

2 days ago

Trump Says He’s Willing to Let Migrant Farm Laborers Stay in US

2 days ago

US Electric Vehicle Tax Breaks Will Expire on Sept. 30

3 days ago

Eyeing Arctic Dominance, Trump Bill Earmarks $8.6 Billion for US Coast Guard Icebreakers

3 days ago

Trump’s Sweeping Tax-Cut and Spending Bill Wins Congressional Approval

3 days ago

Americans Celebrate Their Independence With Record-Breaking Travel Numbers

3 days ago

US Supreme Court to Decide Legality of Transgender School Sports Bans

3 days ago

Nvidia Set to Become the World’s Most Valuable Company in History

3 days ago

Poll: 41% in US ‘Extremely Proud’ to Be American, Near Historic Low

3 days ago
Special Counsel Urges Appeals Court to Reinstate Classified Documents Case Against Trump
gvw_ap_news
By Associated Press
Published 10 months ago on
August 26, 2024

Special counsel Jack Smith challenges judge's dismissal of Trump classified documents case, citing longstanding DOJ practices. (AP File)

Share

Getting your Trinity Audio player ready...

WASHINGTON — Special counsel Jack Smith urged a federal appeals court on Monday to reinstate the classified documents case against former President Donald Trump, saying a judge’s decision that dismissed the prosecution was at odds with longstanding Justice Department practice and must be reversed.

Smith’s team said U.S. District Judge Aileen Cannon made a grievous mistake by ruling that Smith was unlawfully appointed by Attorney General Merrick Garland. That position, prosecutors wrote in a brief filed with the Atlanta-based appeals court, runs counter to rulings by judges across the country as well as “widespread and longstanding appointment practices in the Department of Justice and across the government.”

If allowed to stand, they warned, it could “jeopardize the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch.”

“The Attorney General validly appointed the Special Counsel, who is also properly funded,” prosecutors wrote. “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.”

Constitutional Debate Over Appointments Clause

At issue is a provision of the Constitution known as the Appointments Clause, which requires that certain public figures — including judges, ambassadors and “all other officers of the United States” — be appointed by the president and confirmed by the Senate. But the clause also includes an exception for what it says are “inferior officers” who can be appointed directly by the head of an agency. Smith, according to the Justice Department, fits that category and Garland was empowered to name him directly to the role of special counsel.

The appeal is the latest development in a prosecution that many legal experts have long considered a straightforward criminal case given the breadth of evidence, including surveillance video and an audio recording, that Justice Department investigators accumulated during the course of the investigation. But over the last year, the case was snarled by delays as Cannon, a Trump-appointed judge, entertained assorted Trump team motions before ultimately dismissing the prosecution and bringing the proceedings to at least a temporary halt.

Uncertain Timeline and Political Implications

It’s unclear how long it will take for the 11th U.S. Circuit Court of Appeals to decide the matter, but even if it overturns Cannon’s dismissal and revives the prosecution, there’s no chance of a trial before the November presidential election and Trump, if elected, could appoint an attorney general who would dismiss the case. A three-judge panel overturned Cannon in December 2022, ruling that she had overstepped her bounds during the documents investigation by appointing an independent arbiter to review the classified records seized by the FBI during a search months of his Mar-a-Lago estate.

The case includes dozens of felony charges that Trump illegally retained classified documents from his presidency at his estate in Palm Beach, Florida and obstructed the government’s efforts to get them back. Trump has pleaded not guilty.

Smith was appointed special counsel in November 2022 by Garland to investigate Trump’s handling of the documents as well as his efforts to undo the 2020 presidential election ahead of the Jan. 6, 2021, riot at the U.S. Capitol.

Both investigations resulted in criminal charges, though the election subversion prosecution also faces an uncertain future following a U.S. Supreme Court decision last month that conferred broad immunity on Trump and narrowed the scope of the case.

Defense lawyers in the classified documents case had argued that Smith’s appointment violated the Constitution’s Appointments Clause, a motion that prompted Cannon to hold a multi-day hearing in June.

The judge sided with the defense, saying that no specific statute permitted Garland’s appointment of Smith, who was unlawfully appointed because he had not been named to the position by the president or confirmed by the Senate.

But prosecutors said Monday that no fewer than four statutes give the attorney general the power to appoint a special counsel like Smith — an authority they said has been recognized for decades by judges across the country.

“From before the creation of the Department of Justice until the modern day, Attorneys General have repeatedly appointed special and independent counsels to handle federal investigations, including the prosecution of Jefferson Davis, alleged corruption in federal agencies (including the Department of Justice itself), Watergate, and beyond,” Smith’s team wrote.

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

How Trump’s ‘Big, Beautiful Bill’ Will Make China Great Again

DON'T MISS

What’s Caitlin Clark Worth to the WNBA? A Lot More Than Her $78,066 Salary.

DON'T MISS

Trump to Sign Tax-Cut and Spending Bill in July 4 Ceremony

DON'T MISS

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

DON'T MISS

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

DON'T MISS

Oil Dips Ahead of Expected OPEC+ Output Increase

DON'T MISS

613 Killed at Gaza Aid Distribution Sites, Near Humanitarian Covoys, Says UN

DON'T MISS

Fresno County Authorities Investigating Suspicious Death of Transient Man

DON'T MISS

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

DON'T MISS

Israeli Military Kills 20 in Gaza as Trump Awaits Hamas Reply to Truce Proposal

UP NEXT

What’s Caitlin Clark Worth to the WNBA? A Lot More Than Her $78,066 Salary.

UP NEXT

Trump to Sign Tax-Cut and Spending Bill in July 4 Ceremony

UP NEXT

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

UP NEXT

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

UP NEXT

Oil Dips Ahead of Expected OPEC+ Output Increase

UP NEXT

613 Killed at Gaza Aid Distribution Sites, Near Humanitarian Covoys, Says UN

UP NEXT

Fresno County Authorities Investigating Suspicious Death of Transient Man

UP NEXT

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

UP NEXT

Israeli Military Kills 20 in Gaza as Trump Awaits Hamas Reply to Truce Proposal

UP NEXT

Valley Crime Stoppers’ Most Wanted Person of the Day: Rachelle Maria Blanco

Trump Calls Musk’s Formation of New Party “Ridiculous” and Confusing

50 minutes ago

Fresno DUI Driver Slams Into CHP Motorcycle, Tow Truck on Highway 99

7 hours ago

Russia Downs 120 Ukrainian Drones Overnight, Defense Ministry Says

7 hours ago

Israel Sends Delegation to Qatar for Gaza Talks Ahead of Netanyahu Trip to US

7 hours ago

San Luis Obispo’s Madre Fire Grows to Nearly 80,000 Acres, 30% Contained

7 hours ago

Musk Announces Forming of ‘America Party’ in Further Break From Trump

8 hours ago

Death Toll From Texas Floods Reaches 59, Including 21 Children

8 hours ago

California’s Politics Drifts Right While New York’s Leans Left

8 hours ago

How Trump’s ‘Big, Beautiful Bill’ Will Make China Great Again

1 day ago

What’s Caitlin Clark Worth to the WNBA? A Lot More Than Her $78,066 Salary.

1 day ago

TikTok Building New Version of App Ahead of Expected US Sale, the Information Reports

TikTok is building a new version of its app for users in the United States ahead of a planned sale of the app to a group of investors, The I...

40 minutes ago

A logo is displayed over a door at the U.S. headquarters of the social media company TikTok in Culver City, California, U.S. January 17, 2025. (Reuters File)
40 minutes ago

TikTok Building New Version of App Ahead of Expected US Sale, the Information Reports

Boxes of aid are stacked as Gaza Humanitarian Foundation said it has commenced operations to begin distribution of aid, in Rafah, in the southern Gaza Strip, May 26, 2025. (Reuters File)
42 minutes ago

Hamas Government Office Rejects US Accusation of Involvement in Gaza Aid Site Attack

A volunteer searches for flood victims after deadly flooding in Kerr County, Texas, U.S., July 6, 2025. REUTERS/Sergio Flores
44 minutes ago

Death Toll From Texas Floods Reaches 78, Trump Plans Visit

Tesla CEO and X owner Elon Musk listens as US President-elect Donald Trump speaks during a meeting with House Republicans at the Hyatt Regency hotel in Washington, DC, U.S. on November 13, 2024. (Reuters File)
50 minutes ago

Trump Calls Musk’s Formation of New Party “Ridiculous” and Confusing

A 22-year-old suspected DUI driver crashed into a parked CHP motorcycle and tow truck on Highway 99 near Fresno, narrowly missing an officer and bystanders, CHP said Saturday, July 5, 2025. (CHP)
7 hours ago

Fresno DUI Driver Slams Into CHP Motorcycle, Tow Truck on Highway 99

A service member of a drone unit of the 24th Separate Mechanized Brigade named after King Danylo of the Ukrainian Armed Forces controls a heavy combat drone while it flies over positions of Russian troops, amid Russia's attack on Ukraine, in Donetsk Region, Ukraine June 12, 2025. (Reuters File)
7 hours ago

Russia Downs 120 Ukrainian Drones Overnight, Defense Ministry Says

An Israeli tank maneuvers in Gaza, as seen from the Israeli side of the border, July 6, 2025. (Reuters/Amir Cohen)
7 hours ago

Israel Sends Delegation to Qatar for Gaza Talks Ahead of Netanyahu Trip to US

The Madre Fire near New Cuyama has burned nearly 80,000 acres as of Sunday, July 6, 2025, morning, prompting widespread evacuation orders and warnings across three counties. (CalFire)
7 hours ago

San Luis Obispo’s Madre Fire Grows to Nearly 80,000 Acres, 30% Contained

Help continue the work that gets you the news that matters most.

Search

Send this to a friend