Special Counsel Appeals Court To Revive Classified Docs Case

Special Counsel Jack Smith urged a federal appeals court to reinstate the classified documents case against former President Donald Trump on Monday.

In a filing, Smith’s team described the ruling as “nonsensical,” citing longstanding legal precedents that directly contradict the judge’s conclusion.

The brief does not otherwise call for Cannon to be removed from the case — though the 11th Circuit Court of Appeals is free to do so independently.

The 58-page filing is the first word from Smith since he pledged to appeal a ruling from Cannon that sided with Trump in questioning the legal basis for his appointment as special counsel, as well as his office’s funding.

“The Attorney General validly appointed the Special Counsel, who is also properly funded. In ruling otherwise, the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels,” Smith’s team wrote.

Monday’s brief, filed a day ahead of the deadline, offers a lengthy review of the special counsel statutes. It also takes particular issue with Cannon’s conclusion that the Supreme Court’s review of special counsel authority was “dicta,” or a remark essentially made in passing while discussing other issues in the case.

“Apart from the district court below, every court to consider the question has concluded that the Supreme Court’s determination that those statutes authorized the Attorney General to appoint the Watergate Special Prosecutor was necessary to the decision that a justiciable controversy existed and therefore constitutes a holding that binds lower courts,” prosecutors wrote.

The filing also points to bigger picture issues, writing that Cannon “erroneously disregarded [special counsel appointment] history as ‘spotty’ or ‘ad hoc,’” warning of the risks if her ruling is upheld.