Special Counsel Jack Smith filed his brief appealing Judge Aileen Cannon’s dismissal of the classified documents case against President Trump.
Last month Jack Smith appealed Judge Cannon’s decision to toss the classified documents case to the 11th Circuit Court of Appeals.
Judge Aileen Cannon last month dismissed Jack Smith’s classified documents case based on unlawful appointment and funding of the special counsel.
The charges waged against Trump and his co-defendants Walt Nauta and Carlos De Oliveira were all tossed.
Jack Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.
Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
Judge Cannon dismissed the ENTIRE case: “The clerk is directed to close this case,” Cannon wrote.
Cannon dismissed Jack Smith’s case based on both unconstitutional elements: The appointment by US Attorney Merrick Garland and the unlimited funding given to Jack Smith – both without the approval of Congress.
Jack Smith on recently appealed Judge Cannon’s decision to toss the classified documents case to the 11th Circuit Court of Appeals.
The appeals court provided a schedule that requires Trump and Jack Smith to file briefs through October which means his chances of reviving the case will not happen before the election after all the legal briefs are filed and the court hears oral arguments.
On Monday Jack Smith filed his first brief appealing Judge Cannon’s dismissal of the classified documents case and rehashed the same tired DOJ arguments that were already denied by Judge Cannon.
Jack Smith isn’t a Senate-confirmed officer.
And he isn’t even managed on a day-to-day basis by one.
(Like an AUSA is managed by a U.S. Attorney.)
In fact, DOJ regulations insulate him from day-to-day supervision.
With unparalleled power and budget.
Clearly unconstitutional. https://t.co/viZwSYMOch
— Mike Davis (@mrddmia) August 26, 2024
