Photo: Alex Wong / Getty Images News / Getty Images
Special counsel Jack Smith has formally filed a notice of appeal following a Florida judge's decision to dismiss a 40-count indictment against Donald Trump for allegedly mishandling classified documents and obstructing government efforts to retrieve them. The appeal is expected to be presented to the Court of Appeals for the 11th Circuit in the coming weeks.
The indictment was dismissed by U.S. District Judge Aileen Cannon on Monday (July 15), who concluded that Smith's appointment as special counsel violated the Constitution. This ruling diverges from other court decisions that have upheld the constitutionality of such appointments.
Trump's legal team had previously requested the dismissal of the case, arguing that Smith's authority as special counsel was so extensive that his appointment should have involved Congress and President Joe Biden. Smith was appointed by Attorney General Merrick Garland, who stated that a special counsel was necessary to ensure the public that Trump's prosecutions would be free from interference by the Biden administration.
Trump was accused of taking dozens of highly classified documents with him after leaving the White House and obstructing government efforts to retrieve them. Over 300 classified documents were returned or recovered from Mar-a-Lago, Trump's Florida home and private club.
In response to the filing, Trump campaign spokesman Steven Cheung called for national unity following an assassination attempt on the former president and urged the Justice Department to drop the cases against him. The outcome of the 11th Circuit's decision in the Trump case could potentially be appealed to the Supreme Court.