Jack Smith asks appeals court to revive Trump case

Smith told the court that Cannon, a 2020 Trump appointee, had made grievous legal errors

(Image credit: Bill O'Leary / The Washington Post via Getty Images)

published 27 August 2024

What happened

Special counsel Jack Smith asked the U.S. 11th Circuit Court of Appeals on Monday to overturn U.S. District Judge Aileen Cannon's dismissal of the federal classified documents and obstruction case against Donald Trump. Smith told the court that Cannon, a 2020 Trump appointee, had made grievous and dangerous legal errors when ruling in July that Attorney General Merrick Garland had no legal authority to appoint special prosecutors.

Who said what

Cannon "deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the special counsel's appointment and took inadequate account" of historical precedents, a member of Smith's team wrote in a brief. Attorneys general have "repeatedly appointed special and independent counsels" since the 1850s, from "the prosecution of Jefferson Davis" to "Watergate, and beyond."

Cannon's surprise decision "halted what was considered by many lawyers to be the strongest criminal case" against Trump, The Washington Post said. The case has "moved so slowly under Cannon's oversight that some legal observers questioned whether the judge was in over her head," The Wall Street Journal said. The same appeals court already reversed her once in this case.

What next?

Trump's lawyers have 30 days to file their response to Smith's appeal. Even if Smith prevails, The Associated Press said, "there's no chance of a trial before the November presidential election."

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Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.