Jack Smith defends appointment as special counsel in classified docs case against Trump co-defendants
Last edited Tue Nov 26, 2024, 07:09 PM - Edit history (1)
Source: ABC News
November 26, 2024, 3:15 PM
One day after moving to dismiss both his cases against President-elect Donald Trump, special counsel Jack Smith is continuing to defend the validity of his own appointment as he appeals the dismissal of the classified documents case against Trump's co-defendants. In a filing Tuesday, Smith urged a federal appeals court to reverse U.S. District Judge Aileen Cannon's decision to toss the classified documents case based on the constitutionality of Smith's appointment as special counsel.
Smith moved to drop Trump from the case Monday due to a long-standing Justice Department policy that bars the prosecution of a sitting president, as he continues his appeal of the case's dismissal with Trump's two co-defendants, his longtime valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira.
Trump pleaded not guilty last year to 37 criminal counts related to his handling of classified materials, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information ranging from U.S. nuclear secrets to the nation's defense capabilities, and took steps to thwart the government's efforts to get the documents back. Trump, along with Nauta and De Oliveira, also pleaded not guilty to allegedly attempting to delete related surveillance footage at Trump's Mar-a-Lago estate.
Judge Cannon dismissed the case against all three defendants this past July on the grounds that Smith's appointment as special counsel overseeing the case was unconstitutional because he was not appointed by the president or confirmed by Congress. Smith, in Tuesday's filing, urged the Court of Appeals for the 11th Circuit to reverse Cannon's "flawed" conclusion so he can continue the case against Nauta and De Oliveira.
Read more: https://abcnews.go.com/US/jack-smith-defends-appointment-special-counsel-classified-docs/story?id=116250996
Link to FILING (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.ca11.87822/gov.uscourts.ca11.87822.80.0.pdf