Jack Smith Asks Court to Reinstate Case Against Donald Trump

[planosteve]

Special counsel Jack Smith called on an appeals court this week to reinstate the classified documents case against former President Donald Trump.

On Monday, the Associated Press (AP) reported that Smith sent a request to the Atlanta-based 11th U.S. Circuit Court of Appeals, calling on the court to reinstate the case against Trump after it was dismissed by U.S. District Judge Aileen Cannon.

In his filing, Smith said that Cannon's dismissal is "at odds with widespread and longstanding appointment practices in the Department of Justice and across the government."

Last month, Cannon issued a bombshell ruling that declared Smith's appointment as special counsel was unconstitutional and effectively halted one of two federal cases against Trump. The former president faced 40 charges in the case accusing him of mishandling classified documents at his Mar-a-Lago estate in Florida.

Following the dismissal by Cannon, Smith's spokesperson, Peter Carr, issued a statement: "The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel. The justice department has authorized the Special Counsel to appeal the court's order."

Trump's lawyer, Christopher Kise, previously celebrated the ruling from Cannon, saying, "Judge Cannon today restored the rule of law and made the right call for America."

The former president also responded to the ruling last month saying the move "should be just the first step" as "we move forward in Uniting our Nation" following the failed attempt on his life at a rally in Pennsylvania.

On Monday, a representative for Trump's presidential campaign responded to Smith's latest filing with a statement.

"As we move forward in Uniting our Nation, not only should the dismissal of the Lawless Indictment in Florida be affirmed, but be immediately joined by a dismissal of ALL the Witch Hunts," Trump spokesman Steven Cheung wrote. "The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Comrade Kamala's Political Opponent, President Trump. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!"

Smith first announced his plans to appeal the dismissal on July 20.

"The United States of America hereby gives notice that it appeals to the United States Court of Appeals for the Eleventh Circuit from the order of the District Court entered on July 15, 2024, Docket Entry 672," Smith's notice of appeal said.

It's unclear how long the appeals court will take to rule on the case, but even if it overturns Cannon's dismissal and reinstates the prosecution, a trial before the November presidential election is unlikely. If Trump wins, he could appoint an attorney general who might dismiss the case altogether.

https://www.newsweek.com/jack-smith-ask ... mp-1944559

[Mark]

Smith is nothing more than a cheap political hack, and he doesn't have a leg to stand on in this matter.

[planosteve]

Allowing the Commander in Chief to skate on a charge that would have likely sent any other military person to prison for the rest of their life, is an affront to anyone who has ever served their country in the United States Military.