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The deadline for Smith’s office to file its first brief to the U.S. Court of Appeals for the 11th Circuit was Tuesday, but Smith submitted his brief Monday afternoon. The filing marks his first push to explain to the panel why he believes District Judge Aileen Cannon was wrong to dismiss the case on the grounds that he was unlawfully
“The district court’s contrary view conflicts with an otherwise unbroken course of decisions, including by the Supreme Court, that the Attorney General has such authority, and it is at odds with widespread and longstanding appointment practices in the Department of Justice and across the government,” Smith’s officeon matters related to the former president before, tossed out the case accusing him of improperly storing classified documents at his Mar-a-Lago home in July, just weeks after Supreme...
Smith’s response was expected to be a meticulous legal breakdown of why the 11th Circuit should overturn Cannon and revive the case, which would cease to exist had the federal government not chosen to appeal her decision. Prior to Cannon’s ruling, Smith called the Trump-backed challenge to his appointment “meritless,” noting that “every court that has considered them has rejected them — including authoritative decisions by the Supreme Court.
“Many other officials in the Department, outside of Main Justice, are likewise identified by statute as subject to presidential appointment with Senate advice and consent, including the U.S. Attorneys, U.S. Marshals, and the Directors of the DOJ law enforcement agencies,” according to a footnote on page 38 of Smith’s brief.
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