Smith urges appeals court to reverse dismissal

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Former U.S. President Donald Trump delivers remarks during an event following his arraignment on classified document charges, at Trump National Golf Club, in Bedminster, New Jersey, U.S., June 13, 2023. 

Amr Alfiky | Reuters

Special counsel Jack Smith on Monday urged a federal appeals court to reverse a lower court’s decision to dismiss the criminal case charging former President Donald Trump with mishandling classified documents.

U.S. District Judge Aileen Cannon in a stunning move in mid-July threw out that case on the grounds that Smith’s appointment violated the U.S. Constitution.

Smith in Monday’s court brief argued that Cannon’s ruling strayed from binding legal precedent, “misconstrued” the laws authorizing the appointment of special counsels and “took inadequate account” of the history of those appointments.

Cannon’s ruling “conflicts with an otherwise unbroken course of decisions, including by the Supreme Court,” that the U.S. attorney general is empowered to appoint special counsels, Smith wrote in the filing in the U.S. Court of Appeals for the 11th Circuit.

“This Court should reverse,” Smith wrote.

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