Jack Smith asks appeals court to revive Trump case
Smith's team wants to reverse Judge Aileen Cannon's dismissal of the classified documents case
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."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
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.
-
Why trout is the new salmon
The Week Recommends Oven-roasted, hot-smoked or topping a jacket potato, trout is winning favour over salmon for its sustainability and delicate flavour
By Irenie Forshaw, The Week UK Published
-
The never-ending wonder of Pompeii
In The Spotlight A luxury bathhouse is the latest treasure to be uncovered at the 'gift that keeps on giving'
By Chas Newkey-Burden, The Week UK Published
-
How to avoid Blue Monday's financial woes
The Explainer The most depressing day of the year can actually be a catalyst for good money decisions
By Rebekah Evans, The Week UK Published
-
Silicon Valley: bending the knee to Donald Trump
Talking Point Mark Zuckerberg's dismantling of fact-checking and moderating safeguards on Meta ushers in a 'new era of lies'
By The Week UK Published
-
Will auto safety be diminished in Trump's second administration?
Today's Big Question The president-elect has reportedly considered scrapping a mandatory crash-reporting rule
By Justin Klawans, The Week US Published
-
As DNC chair race heats up, what's at stake for Democrats?
IN THE SPOTLIGHT Desperate to bounce back after their 2024 drubbing, Democrats look for new leadership at the dawn of a second Trump administration
By Rafi Schwartz, The Week US Published
-
'Democrats have many electoral advantages'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
Five things Biden will be remembered for
The Explainer Key missteps mean history may not be kind to the outgoing US president
By Elliott Goat, The Week UK Published
-
'A good deal is one in which everyone walks away happy or everyone walks away mad'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
Pam Bondi downplays politics at confirmation hearing
Speed Read Trump's pick for attorney general claimed her Justice Department would not prosecute anyone for political reasons
By Rafi Schwartz, The Week US Published
-
Hegseth boosts hopes for confirmation amid grilling
Speed Read The Senate held confirmation hearings for Pete Hegseth, Trump's Defense Secretary nominee
By Peter Weber, The Week US Published