(PatriotNewsDaily.com) – On Wednesday, special counsel Jack Smith filed an appeal on U.S. District Judge Aileen Cannon’s dismissal in the federal mishandling of classified documents case brought forward against former President Donald Trump.
In a 93-page order, the judge had claimed that Smith’s appointment as special counsel had violated the U.S. Constitution as he had been appointed directly by Attorney General Merrick Garland, rather than by the U.S. President and then confirmed by Congress. However, prosecutors were quick to oppose that argument after Trump’s lawyers had brought it forward, and on Wednesday initiated the appeal process against the decision.
The case dismissal came after the recent U.S. Supreme Court ruling where it was determined that the U.S. president has immunity from criminal prosecution for acts relating to the core presidential powers. During that ruling, Justice Clarence Thomas had also questioned the legality of the appointment of the special counsel.
Smith’s office spokesperson Peter Carr argued that at this time they did not have any further comments beyond the filing.
The U.S. Court of Appeals for the 11th Circuit has previously overturned several other rulings by Cannon relating to this case. Cannon, who is a Trump-appointed judge, has indefinitely postponed the trial in this case prior to the dismissal.
The indictment against Trump included dozens of felony counts in which he had been accused of illegally hoarding classified records relating to his time in office. Trump has pleaded not guilty on all counts and has denied any wrongdoing.
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