Special Counsel Jack Smith Appeals Dismissal of Trump Classified Files Case
Submitted by MAGA
Posted 91 days ago
Special Counsel Jack Smith appeals dismissal of Trump classified files case
In a significant development, US prosecutors led by Special Counsel Jack Smith have formally appealed a federal judge's decision to throw out the criminal case accusing former President Donald Trump of illegally stashing classified documents at his Mar-a-Lago residence.
The office of Special Counsel Jack Smith filed a notice in court in Florida on Wednesday, indicating it would ask the 11th US Circuit Court of Appeals in Atlanta to revive the case and reverse the 15 July ruling by US District Judge Aileen Cannon.
Judge Cannon, who was appointed to the bench by former President Trump in 2020, unexpectedly decided that Smith had been unlawfully appointed in the first place by US Attorney General Merrick Garland. She argued that Smith's 2022 appointment by the Department of Justice violated the US Constitution because the US Congress did not authorize Garland to name a special counsel with the degree of power and independence wielded by Smith.
This decision shocked many legal experts and was the latest in a series of legal victories for Trump, following his conviction in a New York criminal case earlier this year. The US Supreme Court ruled on 1 July that Trump has broad immunity from prosecution for official actions taken as president.
However, Smith's office has now appealed the decision, signaling a potential reversal of the ruling. Six of the 12 active judges on the 11th Circuit were appointed by Trump, which could potentially impact the outcome of the appeal.
The case against Trump and his co-defendants, Walt Nauta and Carlos De Oliveira, alleges that they illegally retained sensitive national security documents, including records related to the US nuclear program, and obstructed the federal investigation. All parties deny the charges.
This appeal comes as Hunter Biden, son of President Joe Biden, has also sought the dismissal of his gun and tax cases, citing the recent opinion by Supreme Court Justice Clarence Thomas and the related dismissal of the criminal classified documents case against former President Donald Trump.
The motions filed by Hunter Biden's lawyers in California and Delaware courts argue that the appointment of US Attorney David Weiss as special counsel for prosecutions of Hunter Biden was unconstitutional. They cite the recent ruling by Florida federal court Judge Aileen Cannon, who tossed out Smith's prosecution of Trump over his retention of classified documents after leaving the White House.
The developments in these cases underscore the ongoing legal battles surrounding former President Trump and his associates, as well as the potential implications for the Biden family. As these cases unfold, they will undoubtedly continue to be closely watched and debated.
Sources:
nbcnews.com
theguardian.com
cnbc.com
In a significant development, US prosecutors led by Special Counsel Jack Smith have formally appealed a federal judge's decision to throw out the criminal case accusing former President Donald Trump of illegally stashing classified documents at his Mar-a-Lago residence.
The office of Special Counsel Jack Smith filed a notice in court in Florida on Wednesday, indicating it would ask the 11th US Circuit Court of Appeals in Atlanta to revive the case and reverse the 15 July ruling by US District Judge Aileen Cannon.
Judge Cannon, who was appointed to the bench by former President Trump in 2020, unexpectedly decided that Smith had been unlawfully appointed in the first place by US Attorney General Merrick Garland. She argued that Smith's 2022 appointment by the Department of Justice violated the US Constitution because the US Congress did not authorize Garland to name a special counsel with the degree of power and independence wielded by Smith.
This decision shocked many legal experts and was the latest in a series of legal victories for Trump, following his conviction in a New York criminal case earlier this year. The US Supreme Court ruled on 1 July that Trump has broad immunity from prosecution for official actions taken as president.
However, Smith's office has now appealed the decision, signaling a potential reversal of the ruling. Six of the 12 active judges on the 11th Circuit were appointed by Trump, which could potentially impact the outcome of the appeal.
The case against Trump and his co-defendants, Walt Nauta and Carlos De Oliveira, alleges that they illegally retained sensitive national security documents, including records related to the US nuclear program, and obstructed the federal investigation. All parties deny the charges.
This appeal comes as Hunter Biden, son of President Joe Biden, has also sought the dismissal of his gun and tax cases, citing the recent opinion by Supreme Court Justice Clarence Thomas and the related dismissal of the criminal classified documents case against former President Donald Trump.
The motions filed by Hunter Biden's lawyers in California and Delaware courts argue that the appointment of US Attorney David Weiss as special counsel for prosecutions of Hunter Biden was unconstitutional. They cite the recent ruling by Florida federal court Judge Aileen Cannon, who tossed out Smith's prosecution of Trump over his retention of classified documents after leaving the White House.
The developments in these cases underscore the ongoing legal battles surrounding former President Trump and his associates, as well as the potential implications for the Biden family. As these cases unfold, they will undoubtedly continue to be closely watched and debated.
Sources:
nbcnews.com
theguardian.com
cnbc.com
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