Justice Department special counsel Jack Smith urged a federal appeals court to reinstate the classified documents case against former President Donald Trump, arguing that his appointment was valid. U.S. District Judge Aileen Cannon had dismissed the case last month, ruling that Smith should have been confirmed by the Senate or authorized by Congress. Trump was charged with taking government documents and hoarding them after leaving office.
Smith argued that two statutes allow the attorney general to name special counsels, a practice that has been upheld for decades by other courts. Cannon, appointed by Trump, ruled that Smith’s appointment was unconstitutional and needed to go through the Senate confirmation process unless Congress enacted a new law authorizing it. However, Smith cited legal precedent and the long history of attorney general appointments of special counsels to justify his position.
Trump’s lawyers had argued that the case against him was invalid due to Smith’s appointment, and Supreme Court Justice Clarence Thomas had also raised questions about it. Smith maintained that his appointment was lawful based on federal law empowering the attorney general to commission attorneys for criminal proceedings and prosecute crimes against the United States. He rejected Cannon’s characterization of previous appointments as “spotty” and argued that the long history of such appointments supported his position.
Overall, Smith’s appeal to reinstate the case against Trump revolves around the validity of his appointment as special counsel and the legal basis for his authority to prosecute the former president for hoarding classified government documents.
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