Special counsel Jack Smith has asked a federal appeals court to reinstate the classified documents case against former President Donald Trump after it was dismissed by U.S. District Judge Aileen Cannon last month. The case, one of four prosecutions against Trump, was thrown out by Judge Cannon on the grounds that Smith’s appointment as special counsel was unconstitutional.
Smith’s legal team has appealed the dismissal to the 11th U.S. Circuit Court of Appeals, arguing that the judge’s decision conflicts with established appointment practices within the Department of Justice and the government at large. This appeal is the latest twist in what many legal experts have seen as a straightforward criminal case, which has been complicated by delays and legal challenges.
The timeline for the appeals court to reach a decision is uncertain. Even if the court overturns the dismissal and revives the prosecution, it is unlikely that a trial would occur before the November presidential election. Should Trump be re-elected, he could appoint an attorney general who might choose to dismiss the case.
