U.S. prosecutors appealed on Wednesday a federal judge’s decision to dismiss the criminal case Special Counsel Jack Smith brought against Donald Trump. Smith’s office filed a notice requesting the Atlanta-based 11th U.S. Circuit Court of Appeals to revive the case and overturn Florida-based U.S. District Judge Aileen Cannon’s ruling. On Monday, Cannon ruled that Attorney General Merrick Garland unlawfully appointed Smith.
Cannon, appointed by Trump in 2020, stated that Smith’s 2022 appointment violated the U.S. Constitution because Congress did not authorize Garland to appoint a special counsel with Smith’s level of power and independence. This ruling marked another legal victory for Trump. On July 1, the U.S. Supreme Court ruled that Trump has broad immunity from prosecution for official actions taken as president, affecting another criminal case Smith brought involving Trump’s attempts to overturn his 2020 election loss.
Trump, the Republican candidate challenging Democratic President Joe Biden in the Nov. 5 U.S. election, reiterated his call to dismiss all four criminal cases against him following Cannon’s decision. Cannon’s ruling contradicted decades of federal court rulings that upheld the attorney general’s authority to appoint a special counsel for politically sensitive investigations, a practice used by administrations of both parties. Special counsels have also investigated Biden and his son Hunter Biden.
Cannon’s ruling dismissed charges against Trump and co-defendants Walt Nauta, a personal aide, and Carlos De Oliveira, a property manager at Mar-a-Lago. The FBI found documents at Mar-a-Lago during a search. Trump faced accusations of illegally retaining sensitive national security documents, including those related to the U.S. nuclear program and potential military vulnerabilities. Trump and his co-defendants also faced accusations of obstructing an investigation into Trump’s handling of the material. All pleaded not guilty.
In addition to Smith’s two indictments, Trump faced criminal charges in two other cases. In May, a New York state court jury convicted Trump of felony charges related to hush money paid to porn star Stormy Daniels before the 2016 election. Trump, the first former U.S. president to be convicted of a crime, faces sentencing in September. He also faces state charges in Georgia related to efforts to overturn his 2020 defeat. The two remaining criminal cases are not expected to conclude before the election.
Smith, a public corruption and international war crimes prosecutor, was appointed to ensure a degree of independence for investigations involving Trump from the Justice Department under the Biden administration. Trump’s lawyers have not challenged Smith’s appointment in the election-related case. The 11th Circuit, with six of its 12 active judges appointed by Trump, previously ruled against Trump regarding the classified documents. In 2022, before the charges, a three-judge 11th Circuit panel reversed Cannon’s decision to appoint a third-party “special master” to vet evidence FBI agents seized during the Mar-a-Lago search.
