Special Counsel Jack Smith made what some observers consider a curious move in one of his cases against former President Donald Trump

In a surprising move, Smith, overseeing the case concerning Donald Trump's retention of classified documents after his presidency, opted not to demand the recusal of Judge Aileen Cannon who presided over the matter, as Newsweek reports.

This decision was discussed by former federal prosecutor Joyce Vance during an episode of the CAFE Insider podcast, hosted with former U.S. Attorney Preet Bharara.

This case was initiated when accusations surfaced about Trump having illegally retained dozens of classified documents after his tenure ended in January 2021.

The case was further escalated by allegations that Trump obstructed federal efforts aimed at reclaiming those documents.

FBI Raids Trump's Mar-a-Lago Club

In response to these serious allegations, the FBI conducted a raid in August 2022 on Trump's Mar-a-Lago club. The aim was to recover the classified materials in question.

Following the raid, Donald Trump was charged with 40 federal counts relating to the inappropriate retention of classified documents and for impeding federal investigations.

However, despite the robust development, Trump maintained his innocence by pleading not guilty to all criminal charges brought against him following the incident.

As judicial proceedings progressed, more developments occurred in July 2024, when Judge Cannon issued a controversial decision to dismiss the entire case.

The judge argued that Smith’s appointment was unconstitutional since it lacked Senate approval, raising significant questions regarding the legal processes involved.

Legal Battle Enters Appeals Court

Unwilling to let the decision stand, Smith appealed Judge Cannon's dismissal on Aug. 26, bringing the matter before the 11th Circuit court.

According to Bharara, it was noteworthy that Smith's appeal did not include a plea for reassigning the case to a different judge, which spurred much speculation and discussion among legal spectators and experts.

Underlining the implications of Smith's strategy, Joyce Vance explained that not requesting the recusal or reassignment in the initial brief fundamentally waived the right to introduce such arguments later in the proceedings. This means the matter must proceed with Judge Cannon unless another judicial decision intercedes.

Amidst these developments, the media sought comments from both Smith’s and Trump’s legal teams, but responses were pending at the time of reporting.

Legal analyst David Lat provided insights, predicting that the 11th Circuit might likely reverse Cannon's decision. However, he also expressed reservations about the potential implications should the case escalate to the Supreme Court, considering recent rulings on executive power and authority.

Trump's Ongoing Legal Challenges

The classified documents case isn't Trump's only legal challenge. In a separate but equally high-profile case, Trump was convicted of 34 counts related to falsifying business records over alleged payments to Stormy Daniels. Trump, unwavering in his defiance, denounced these convictions as "rigged" and currently awaits sentencing.

Moreover, Trump faces additional legal scrutiny both at federal and state levels in Georgia concerning alleged attempts to alter the outcome of the 2020 presidential election, for which he has also entered a plea of not guilty.

As Smith's appeal progresses through the judicial system and additional legal proceedings unfold, both the public and those within the legal community continue to watch these interconnected cases with keen interest, highlighting the intricate and often contentious nature of justice involving high-profile figures.