Special counsel Jack Smith has formally begun the process of appealing a federal judge’s decision this week to dismiss the classified documents case against former President Donald Trump.
In a brief notice filed to the docket on Wednesday, prosecutors said, “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.”
District Court Judge Aileen Cannon of Florida, who was nominated to her position by Trump, tossed the case against the former president and his co-defendants in a ruling on Monday.
She agreed with defense attorneys who argued that Smith’s appointment as special counsel, done by Attorney General Merrick Garland in November 2022, was unconstitutional because it did not involve congressional approval.
Peter Carr, a spokesman for Smith, previously indicated that the special counsel would file an appeal to the Eleventh Circuit, which is located in Atlanta.
The dismissal “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,” Carr said in a statement. “The Justice Department has authorized the Special Counsel to appeal the court’s order.”
Trump responded to the dismissal in a post to Truth Social, making reference to surviving an assassination attempt over the weekend and the other legal matters he faces while seeking another term in the White House — including a 2020 election prosecution led by Smith in the nation’s capital.
“As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts — The January 6th Hoax in Washington, D.C., the Manhattan D.A.’s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia ‘Perfect’ Phone Call charges,'” Trump said.
He continued, “The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”
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