Special Counsel Jack Smith Appeals Dismissal of Trump Classified Document Leak Case

"First Instance Judgment Violates Long-Standing Practices of the Ministry of Justice and Others"

Special Counsel Jack Smith appealed to the Federal Court of Appeals against the first-instance court's dismissal of the lawsuit regarding former President Donald Trump's illegal removal of classified documents.

[Image source=Yonhap News]

On the 26th (local time), Special Counsel Smith filed an appeal to the 11th Circuit Court of Appeals in Atlanta, arguing that the lower court's dismissal last month "violates the Department of Justice's and the government's broad and longstanding appointment practices."

Former President Trump was criminally charged last June for the illegal removal of classified documents. While a U.S. president must hand over official documents created or obtained during their term to the National Archives and Records Administration (NARA) immediately upon leaving office, Trump is accused of taking some documents to his Mar-a-Lago resort in Florida when he left office in January 2021. Consequently, Special Counsel Smith indicted former President Trump.

However, last month, the U.S. District Court for the Southern District of Florida in Miami dismissed the lawsuit. At that time, Judge Aileen Cannon ruled that since Special Counsel Smith was not appointed by the president nor confirmed by the Senate, the criminal prosecution was unconstitutional.

Some have criticized Judge Cannon for focusing on a technicality. With Special Counsel Smith appealing to the appellate court, there is a possibility that the court's ruling will be overturned. However, since this is a federal crime, if former President Trump wins the presidential election, it is possible for the Department of Justice to dismiss the case.

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