Jack Smith argued trial judge Aileen Cannon erred in tossing the charges on grounds he was illegally appointed
Special counsel Jack Smith speaks to the media about an indictment of former president Donald Trump, on 1 August 2023 in Washington DC.Special counsel Jack Smith speaks to the media about an indictment of former president Donald Trump, on 1 August 2023 in Washington DC.’s criminal case over his retention of classified documents, arguing the trial judge was wrong to toss the charges on grounds that the prosecution team’s appointment violated the US constitution.
“Because special counsel Smith’s exercise of prosecutorial power has not been authorized by law, the court sees no way forward aside from dismissal of the superseding indictment,” Cannon wrote in her ruling.that Cannon was wrong to focus on whether Smith was an existing justice department official or if he had been Senate confirmed, because the attorney general has broad authority to appoint prosecutors under federal law.
The dispute over the four statutes, which was litigated during an unusual multi-day hearing in federal district court in Fort Pierce before Cannon dismissed the case, is likely to take center stage in the appeals process that could take months or years. Cannon disputed in her ruling that Section 515 allowed the attorney general to appoint whomever they liked, writing that she took “under law” to mean only existing officers of the justice department, named to their posts under statutory law – not just internal special counsel regulations – could act as special attorneys.
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