Jack Smith Files Appeal to Overturn Cannon’s Dismal of Trump’s Theft of State Secrets Case

Jack Smith Files Appeal to Overturn Cannon’s Dismal of Trump’s Theft of State Secrets Case

Trump’s Documents Case Dismissal: What You Need to Know

A Shocking Decision

On July 15th, Trump-appointed District Judge Aileen Cannon dismissed the ‘documents case’ against Trump. This wasn’t because of problems with evidence, misbehavior by prosecutors, or even a Supreme Court ruling on presidential immunity. Instead, Cannon claimed that Jack Smith’s appointment as special prosecutor was unconstitutional and illegally funded.

Legal Community in Surprise

This decision shocked the legal community. Special prosecutors have been part of our judicial system for 50 years without much controversy about their legitimacy.

Jack Smith’s Response

Jack Smith, the special prosecutor, told the US 11th Circuit Court that he would appeal Cannon’s unusual decision. Today, he did just that. In his appeal, Smith presented an argument based on case law, legislation, and American judicial tradition. His thoroughness is a stark contrast to Cannon’s approach, which seems to benefit her benefactor, Trump.

Smith’s Argument

Smith cited many laws and cases to support his appeal. He focused on laws passed by Congress that give the US Attorney General the authority to appoint special counsels and fund their positions legally.

Introduction

Congress has given the Attorney General broad authority to structure the Justice Department to carry out its responsibilities. Two statutes specifically allow the Attorney General to appoint special counsels. Two other statutes give the Attorney General the power to staff and direct the Justice Department, including appointing inferior officers like special counsels.

Precedent and History

Smith pointed out that these laws are supported by practice and tradition. Cannon ignored this authority, so the appeals court should correct her. The long tradition of special-counsel appointments by Attorneys General and Congress’s endorsement through appropriations and other legislation supports this authority. The district court’s view conflicts with decisions by the Supreme Court and longstanding practices in the Department of Justice.

Statement of the Case

Smith explained that a group of Floridians believed Trump and two others had likely stolen state secrets or tried to cover it up. A grand jury in the Southern District of Florida charged Trump with willful retention of national defense information. Trump and two others were also charged with obstructing and conspiring to obstruct an official proceeding and making false statements.

Statement of the Facts: Legal Background

Smith gave Cannon a lesson in constitutional law. He explained the difference between cabinet officers and “inferior officers” like a special counsel. The Constitution allows Congress to vest the appointment of inferior officers in the President, the Courts of Law, or the Heads of Departments. Congress has passed many laws authorizing the appointment of special counsels.

Funding Special Counsels

Cannon claimed Smith’s funding was unconstitutional because his appointment was illegal. Smith countered that Congress has given the DOJ blanket authority to fund special counsels. The Appropriations Clause requires a law that authorizes the disbursement of funds for specific purposes. In 1987, Congress enacted a permanent indefinite appropriation to pay all necessary expenses of investigations and prosecutions by independent counsel appointed under the law.

Trump’s Actions

Smith reminded the 11th Circuit that Trump isn’t just accused of stealing documents; he’s also seen as an enabler of insurrection. The Attorney General authorized the Special Counsel to conduct the ongoing investigation into these serious matters.

Conclusion

Judge Cannon’s dismissal of the documents case against Trump has raised many eyebrows. Jack Smith’s appeal is grounded in strong legal precedent and tradition, aiming to set the record straight. As this case unfolds, it highlights the importance of upholding the rule of law and ensuring that justice is served.

FAQ’s

What was the ‘documents case’ against Trump?

The ‘documents case’ refers to allegations that Donald Trump and two of his associates had stolen state secrets and/or tried to cover it up. A grand jury in the Southern District of Florida returned a superseding indictment charging Trump with willful retention of national defense information, among other charges.

Who dismissed the ‘documents case’ against Trump and why?

District Judge Aileen Cannon, appointed by Trump, dismissed the case. She argued that the appointment of Jack Smith as special prosecutor was unconstitutional and illegally funded, despite no issues with the evidence or prosecutorial conduct.

What is the significance of Judge Aileen Cannon’s decision?

Judge Cannon’s decision was surprising to the legal community because special prosecutors have been a part of the judicial system for 50 years without much controversy regarding their legitimacy. Her ruling challenges long-standing practices and precedents.

What was Jack Smith’s response to Judge Cannon’s decision?

Jack Smith, the special prosecutor, filed an appeal with the US 11th Circuit Court. He argued that the Attorney General has the authority to appoint special counsels, supported by laws passed by Congress and longstanding judicial traditions.

What laws support the appointment of special counsels?

Several statutes provide the Attorney General with the authority to appoint special counsels. These laws are backed by historical precedent and congressional appropriations, which have consistently endorsed the practice.

What is the Appointments Clause of the Constitution?

The Appointments Clause states that officers of the United States shall be appointed by the President with the advice and consent of the Senate. However, Congress may vest the appointment of inferior officers, such as special counsels, in the President alone, in the Courts of Law, or in the Heads of Departments.

How does Jack Smith refute Cannon’s argument about funding?

Smith argues that Congress has given the Department of Justice (DOJ) blanket authority to fund special counsels. The Appropriations Clause requires only a law authorizing the disbursement of specified funds for identified purposes, which Congress has provided through a “permanent indefinite appropriation” for investigations and prosecutions by independent counsel.

What are the broader implications of this case?

This case could set a significant precedent regarding the authority of the Attorney General and the legitimacy of special counsels. It also highlights ongoing legal battles involving Donald Trump and questions about judicial impartiality.

What is the role of the US 11th Circuit Court in this case?

The US 11th Circuit Court is the appellate court where Jack Smith filed his appeal against Judge Cannon’s decision. This court will review the arguments and make a determination on the legality of Smith’s appointment and the dismissal of the case.

Why is this case important for understanding presidential immunity?

The case touches on issues of presidential immunity, especially in light of Supreme Court rulings. It raises questions about the extent to which a former president can be held accountable for actions taken while in office.

What are the potential outcomes of the appeal?

The US 11th Circuit Court could either uphold Judge Cannon’s decision, thereby setting a new precedent, or reverse it, reaffirming the authority of the Attorney General to appoint special counsels and the legitimacy of such appointments.

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