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Special Counsel Seeks Reinstatement of Documents Case Against Trump

 August 27, 2024

Special counsel Jack Smith has taken steps to revive a case against former President Donald Trump, focusing on the alleged mishandling of classified documents, urging a federal appeals court to reverse a previous dismissal of the controversy.

The Trump-appointed judge's prior dismissal of the case, which was based on arguments about the legality of Smith's appointment, could have far-reaching consequences for federal appointments and the functioning of the Justice Department, with the outcome of the pending appeal eagerly awaited, as the Associated Press reports.

Smith's appeal follows a ruling by U.S. District Judge Aileen Cannon, who dismissed the classified documents case against Trump.

The judge argued that Smith's appointment by Attorney General Merrick Garland was not valid under the Appointments Clause, which dictates the procedures for appointing certain government officials.

Legal Basis for Dismissal and Its Implications

The case initially revolved around charges that Trump unlawfully retained classified documents at his Mar-a-Lago estate and obstructed efforts by the government to retrieve them.

The special counsel was appointed by Garland in November 2022 to investigate both the handling of these documents and Trump's activities related to the 2020 presidential election. Judge Cannon’s dismissal, however, cast a shadow over the Justice Department's practices, potentially affecting how other executive appointees are perceived under the law.

Prosecutors have strongly contested Cannon's ruling, stating that it goes against established judicial precedents and the government's longstanding practices concerning appointments.

In a court filing, they asserted that "the Attorney General validly appointed the Special Counsel, who is also properly funded." They warned that allowing this decision to stand could disrupt the functioning of the Justice Department and influence the legality of numerous appointments across the government.

Historical Precedents and Future Challenges

The prosecution team emphasized the historical precedent of special counsels being appointed directly by the Attorney General. They cited numerous examples, including the prosecution of Jefferson Davis and the investigation into the Watergate scandal, to demonstrate that attorneys general have repeatedly appointed special counsels for significant federal investigations.

The dismissal of the case by Judge Cannon has -- at least for now -- halted the prosecution. This delay poses a strategic challenge for the Justice Department, especially with the upcoming presidential election. If Trump were to be re-elected, he could potentially appoint a new attorney general who might decide to dismiss the prosecution entirely.

Potential Impact on Other Cases

The appeal by Smith could potentially elevate the case to the U.S. Supreme Court, adding another layer of complexity to an already contentious legal battle. The classified documents case is one of four major prosecutions facing Trump at the federal and state levels. The outcome of this case is crucial, not just for Trump, but also for setting a precedent regarding the appointment and powers of special counsels.

Judge Cannon’s dismissal is not the first legal obstacle in the investigation. A three-judge panel had previously overturned one of her decisions related to the handling of classified records during the investigation. This adds to the legal tug-of-war over how such sensitive cases should be managed and who has the authority to make these decisions.

Broader Implications for Justice Department

The prosecution team has also raised concerns about the broader implications of the dismissal. They argue that it could affect hundreds of similar appointments across the government, potentially leading to a reevaluation of how executive appointees are selected and validated. "From before the creation of the Department of Justice until the modern day," they wrote, "Attorneys General have repeatedly appointed special and independent counsels to handle federal investigations."

This case's future now hinges on the appeals court's decision, which could affirm or overturn Judge Cannon's ruling. If the case is reinstated, it could set a significant precedent for the authority of the Justice Department and the interpretation of the Appointments Clause.

Trump's Defense and Political Ramifications

Trump's legal team and campaign have vehemently opposed the prosecution. Steven Cheung, a spokesman for Trump’s campaign, called for the dismissal to be upheld and extended to other investigations against Trump, describing them as politically motivated "witch hunts."

The political stakes of this case are high, with Trump's political future intertwined with the legal proceedings. The outcome of the appeals court could significantly impact his campaign strategy and public perception, especially with the possibility of a trial before the election hanging in the balance.

A Pivotal Moment in Federal Legal Precedent

As the legal battle continues, all eyes are on the federal appeals court's response to Smith's appeal. The decision will not only determine the trajectory of this case but also shape the future of similar federal investigations. The outcome could redefine the boundaries of executive authority and set new standards for the appointment and oversight of special counsels within the federal government.

The Justice Department's reliance on special counsels, historically appointed from outside their ranks for high-profile investigations, remains a critical aspect of its operational framework. The resolution of this case will either reinforce or challenge this long-standing practice, influencing how future cases are handled under federal law.