Special counsel Jack Smith asks appeals court to reinstate classified documents case against Trump
PBS NewsHourAug 21
Smith Appeals Dismissal of Trump Classified Docs Case
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The Facts
Special counsel Jack Smith filed an appellate brief with the US Court of Appeals for the 11th Circuit on Monday, accusing Judge Aileen Cannon of mistakenly dismissing former Pres. Donald Trump's classified documents case last month.
Cannon dismissed the case accusing Trump of mishandling classified documents after his presidency by ruling Smith's appointment was unconstitutional because it violated the Appointments Clause of the Constitution.
The Spin
Democratic narrative
By every interpretation of the law — regardless of what Thomas may have written as part of a totally unrelated case — Smith should prevail in his appeal. Cannon can't value Thomas' opinion over 50 years of precedent. Although Smith didn't request that Cannon be removed from this case, there's a chance the appeals court will look at her numerous questionable rulings and decide to make a change.
Republican narrative
Cannon's ruling was constitutionally sound based on the separation of powers and the powers that were granted to Congress in terms of appointments. This appeal is just continuing to divide a nation that's had to deal with too many politically motivated criminal cases brought by the Biden administration's Justice Department. All other cases against Trump should be similarly dropped.