Smith urges appeals court to overturn dismissal decision | Real Time Headlines

special advisor Jack Smith Monday urged federal Court of Appeal Overturning the lower court’s decision to reject criminal case Accusation of former president Donald Trump Confidential documents were mishandled.

U.S. District Judge Aileen Cannon took the shocking step of dismissing the case in mid-July, arguing that Smith’s appointment violated the U.S. Constitution.

Smith argued in Monday’s court brief that Cannon’s ruling departed from binding legal precedent, “misunderstood” the law authorizing the appointment of special counsels and “failed to adequately consider” the history of those appointments.

Smith wrote in a filing with the U.S. Court of Appeals for the 11th Circuit that Cannon’s ruling “conflicts consistent decisions, including by the Supreme Court,” that the U.S. attorney general has the authority to appoint special prosecutors.

“This court should overturn this decision,” Smith wrote.

He also asked that the case be sent back to U.S. District Court in southern Florida for a new trial. But he stopped short of asking the appeals court to remove Cannon, a Trump appointee, from the case.

Lawyers for Trump, the Republican presidential nominee against the Democratic vice president Kamala Harrisdid not immediately respond to CNBC’s request for comment on Smith’s briefing.

Even if the appeals court grants Smith’s request to overturn Cannon’s decision, there is little chance that Trump will face trial on these charges after the Nov. 5 presidential election.

Her dismissal of the case follows a growing chorus of legal critics and others accusing Cannon of unnecessarily dragging out the pretrial process.

A federal grand jury has accused Trump of illegally retaining highly sensitive classified records at his Mar-a-Lago resort after leaving the White House in January 2021 and then trying to hinder government efforts to retrieve them.

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