On Friday, October 25, 2024, Newsweek reported that special counsel Jack Smith is appealing a ruling by Judge Aileen Cannon that dismissed the case against former President Donald Trump concerning the alleged mishandling of classified documents at his Mar-a-Lago estate in Florida. The appeal has been filed with the Eleventh Circuit Court of Appeals after Cannon determined that Smith’s appointment as special counsel was improper.
Cannon, who was appointed by Trump, dismissed the charges, claiming that Smith had been illegally appointed. In response, Smith’s legal team contends that the appointment of special counsels has been a common practice for over a century and a half, primarily to prevent conflicts of interest, particularly in cases involving high-profile figures like Trump.
Smith’s arguments emphasize the historical precedent for appointing special counsels, asserting that the Department of Justice has the authority to do so to maintain impartiality in investigations. In a brief submitted to the Eleventh Circuit on August 26, Smith’s office argued that the attorney general possesses the “necessary overarching authority” to direct Justice Department operations, including the appointment of special counsels without requiring additional approval.
The brief further stated that Cannon’s interpretation contradicts a long-standing tradition of special counsel appointments endorsed by Congress and upheld by the Supreme Court. It outlined that the district court’s position conflicts with established legal precedents, asserting that the attorney general has the authority to appoint special counsels.
Legal experts have weighed in on the case, with Greg Germain, a law professor at Syracuse University, describing Cannon’s rationale for dismissal as “extremely weak.” Germain indicated that while the Supreme Court’s final ruling remains uncertain, there is a possibility that it could side with Cannon, particularly given its broad interpretation of separation of powers in previous cases involving Trump.
The timeline for the appeal process is expected to extend over several months. Should Trump lose the appeal, he is anticipated to escalate the matter to the U.S. Supreme Court. If the Supreme Court decides against him, the case will revert to the trial court for further pre-trial proceedings.
Source: Newsweek
