America
US Justice Department to Reopen Secret Documents Case Against Donald Trump
August 27:
Judge Aileen Cannon dismissed the criminal case against former president Donald Trump last month, but special counsel Jack Smith is attempting to resurrect the case in his first formal filing since then. The case involves secret materials.
Smith claimed in a Monday brief sent to the 11th US Circuit Court of Appeals in Atlanta that Cannon's ruling to dismiss the Trump case due to the lack of constitutional jurisdiction by the prosecutors' office was "novel" and "lack[ed] merit." According to Cannon's ruling, the Justice Department lacks the authority to designate or provide funding for special counsels such as Smith.
The decision from Cannon, according to Smith's team, could impact the power of federal government leaders across the board. This is in addition to the other special counsel prosecutions that are currently underway in other courts, including those against Trump and Hunter Biden, among others. This was reported by CNN.
"If the Attorney General lacks the power to appoint inferior officers, that conclusion would invalidate the appointment of every member of the Department who exercises significant authority and occupies a continuing office, other than the few that are specifically identified by statute," the 81-page filing from Smith's office stated.
"The district court's rationale would likewise raise questions about hundreds of appointments throughout the Executive Branch, including in the Departments of Defence, State, Treasury, and Labor," the attorneys said.
Several allegations of mishandling secret government documents were brought against Trump last summer after they were removed from his White House at the end of his term. The Republican presidential candidate is also accused of trying to obstruct the FBI investigation into the materials and is facing multiple obstruction counts.
Not guilty pleas have been entered by the ex-president and his two co-defendants, who are also Trump associates who are also facing obstruction charges. According to CNN, the 11th Circuit is looking into Cannon's findings that Smith's special counsel appointment and the funding of his office were unconstitutional. Interestingly, despite the fact that other courts have supported the employment of special counsels, Cannon ruled that the Justice Department lacked the power to appoint one and that lawmakers had improperly authorized funds for Smith's office. Furthermore