The special counsel investigating Trump’s alleged mishandling of classified documents at Mar-a-Lago filed a lengthy appeal after the case was dismissed by a federal judge in July.
He formally filed Monday to appeal a district court judge’sIn a fiery 81-page brief filed on Monday, Smith argued that District Court Judge Aileen Cannon’s decision to dismiss the case “deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels.
Cannon, a district judge in Florida appointed to the bench by Trump in 2020, dismissed the case on July 15. Earlier the same month, theruled that former presidents have some immunity to prosecution for “official acts” taken while in office. Cannon’s ruling was likely based on Justice Clarence Thomas’s concurring opinion to the immunity decision, where the conservative justice argued “If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution. A private citizen cannot criminally prosecute anyone, let alone a former President.”
Congress granted itself the power to appoint special counsels after it passed the Ethics in Government Act in the wake of the Watergate scandal.
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