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Special counsel asked a federal appeals court on Monday to reinstate the classified documents case against President Donald Trump.
The move comes following the dismissal of the case by District Court Judge Aileen Cannon in July.
“The Attorney General validly appointed the Special Counsel, who is also properly funded,” Smith’s opening brief stated.
“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,” he told the Eleventh Circuit Court of Appeals.
The outcome of the appeal remains unclear. Even if the case is revived, it would not go to trial before the November election.
If Trump is elected as president, he could appoint an attorney general who would dismiss the case.
Cannon dismissed the case, citing that it violated the Appointments Clause of the Constitution. She claimed Smith’s appointment as special counsel was unconstitutional.
The Appointments Clause requires the special counsel to be confirmed by the Senate. Smith has not been confirmed by the U.S. Senate to serve as special counsel.
“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme – the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” Cannon wrote in her decision last month.
“The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere – whether in this case or in another case, whether in times of heightened national need or not,” she noted.
Trump spokesman Steven Cheung responded on Monday evening to Smith’s latest appeal.
“As we move forward in Uniting our Nation, not only should the dismissal of the Lawless Indictment in Florida be affirmed, but be immediately joined by a dismissal of ALL the Witch Hunts,” Cheung wrote.
“The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Comrade Kamala’s Political Opponent, President Trump. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!” he continued.
