Special counsel Jack Smith is arguing to revive his office’s classified documents case against Donald Trump with a vigorous defense of its authority in the first formal filing since Judge Aileen Cannon dismissed the criminal case last month.
In a brief filed with the 11th US Circuit Court of Appeals in Atlanta on Monday, Smith argues that Cannon’s decision to end the Trump case because the prosecutors’ office lacked constitutional authority was “novel” and “lack merit.” Cannon had ruled the Justice Department didn’t have the ability to appoint or fund special counsels like Smith.
Cannon dismissed the charges on that rationale after months of wrangling over other pretrial issues in the classified documents case, and she had not resolved other major legal questions about the prosecution before she tossed it. Other courts have upheld the use of special counsels.
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