Special counsel Jack Smith urged a federal appeals court on Monday to revive his classified documents case against former President Donald Trump.
District Court Judge Aileen Cannon, a Trump appointee, dismissed Trump’s case in July after ruling that Smith’s appointment violated both the Appointments Clause and Appropriations Clause of the Constitution. Smith argued that the lower court’s decision “needlessly casts doubt on longstanding practices in the Department of Justice and across the Executive Branch.”
“The Attorney General validly appointed the Special Counsel, who is also properly funded,” Smith’s opening brief filed with the Eleventh Circuit Court of Appeals states. “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.”
Florida State Attorney Tells MSNBC Jack Smith May Be Delaying Case To Hide ‘His Cards’ From Trump pic.twitter.com/kFk3UQC7s3
— Daily Caller (@DailyCaller) August 26, 2024
Smith’s brief argues that Cannon “erred by focusing only on the statutes that follow one particular pattern while failing to acknowledge the vesting-and-delegation pattern that Congress has used to grant appointment power to the heads of some of the oldest and largest departments in the Executive Branch.”
Cannon’s conclusion would “raise questions about hundreds of appointments throughout the Executive Branch, including in the Departments of Defense, State, Treasury, and Labor,” according to Smith.
Justice Clarence Thomas wrote a concurring opinion that questioned the constitutionality of Smith’s appointment in July when the Supreme Court ruled on presidential immunity.
“In this case, the Attorney General purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States,” he wrote. “But, I am not sure that any office for the Special Counsel has been ‘established by Law,’ as the Constitution requires.”
All republished articles must include our logo, our reporter’s byline, and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.
DONATE TO BIZPAC REVIEW
Please help us! If you are fed up with letting radical big tech execs, phony fact-checkers, tyrannical liberals and a lying mainstream media have unprecedented power over your news please consider making a donation to BPR to help us fight them. Now is the time. Truth has never been more critical!
- Jack Smith, Fani Willis forced to defend Trump prosecutions in simultaneous testimonies - December 18, 2025
- Exclusive: Biden State Dept. appeared to ignore emails from would-be Trump assassin - December 16, 2025
- Trump DOJ seeks to block officials from testifying in Judge Boasberg probe - December 12, 2025
Comment
We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. Thank you for partnering with us to maintain fruitful conversation.
BPR INSIDER COMMENTS
Scroll down for non-member comments or join our insider conversations by becoming a member. We'd love to have you!
