Special counsel Jack Smith is appealing a Florida judge’s decision to dismiss Donald Trump’s 40-count indictment related to mishandling classified documents and obstructing government efforts to retrieve them. Smith’s arguments against the dismissal will be presented to the Court of Appeals for the 11th Circuit in Atlanta, which has jurisdiction over Florida. This appeal comes after U.S. District Judge Aileen M. Cannon ruled that Smith’s appointment as special counsel was unconstitutional, deviating from other court decisions on the matter.
Trump’s legal team had requested the dismissal of the case months ago, citing concerns about Smith’s authority and the involvement of Congress and President Biden in his appointment. Smith, appointed by Attorney General Merrick Garland, was tasked with overseeing politically sensitive prosecutions of Trump, ensuring they were shielded from interference. While special counsels have more independence than regular prosecutors, they still must adhere to Justice Department protocols, with the attorney general able to review major investigation steps. The decision of the 11th Circuit on the Trump case could potentially be appealed to the Supreme Court, further prolonging the legal battle.
