Special counsel Jack Smith is appealing to a federal court to revive the classified documents case against former President Donald Trump. Smith’s team argues that a judge’s decision to dismiss the case was incorrect and goes against standard Justice Department practices. They claim that the judge’s ruling that Smith’s appointment was unlawful was in opposition to established appointment practices within the government.
According to prosecutors, the Attorney General validly appointed Smith, and the district court’s ruling deviated from precedent and misconstrued the statutes authorizing Smith’s appointment. The case centers on allegations that Trump unlawfully retained classified documents from his presidency at his Mar-a-Lago estate and obstructed the government’s attempts to retrieve them.
The appeal is the latest development in a case that has faced delays and legal motions. If the appeals court overturns the dismissal, there will not be ample time for a trial before the upcoming presidential election. The case is one of several legal challenges against Trump, including charges of retaining classified documents. Trump has pleaded not guilty to these allegations.
At the core of the appeal is the Appointments Clause of the Constitution, which outlines the process for appointing public officials. Smith’s appointment as special counsel in November 2022 by Attorney General Garland is disputed by defense lawyers, who argue that it violated the Appointments Clause. However, prosecutors assert that the Attorney General has the authority to appoint a special counsel like Smith, a practice that has been in place for decades.
The Justice Department has historically relied on special counsels appointed from outside the agency for various investigations. Prosecutors warn that if the Attorney General lacks the power to appoint inferior officers like special counsels, it could call into question the validity of numerous appointments within the government. The appeals court previously overturned a decision by the judge in the classified documents case, highlighting the ongoing legal complexities of the prosecution.
