Special counsel Jack Smith is still hoping to save his second criminal indictment of Donald Trump.
Donald Trump has been convicted of 34 felony counts in the New York hush money case—but there’s a lengthy appeals process ahead. And what ever happened to the other three cases against him—Jack Smith’s federal election interference and classified documents cases, and Fani Willis’ Georgia election interference case? All three have hit various roadblocks.
Special counsel Jack Smith is hoping to save his second criminal indictment of Donald Trump, filing a notice of appeal with Judge Aileen Cannon that seeks to undo her dismissal of the classified documents case. And down in Georgia, an appeals court finally scheduled oral arguments in Trump’s appeal of Fulton County District Attorney Fani Willis’ role as lead prosecutor in her criminal election interference indictment—for after the November election.
Exactly one week ago, Cannon—who was appointed by Trump— published a bombshell order that said Smith was improperly appointed as special counsel by the attorney general, and therefore he cannot legally continue with his prosecution of Trump. The decision immediately halted the classified documents case, and now Smith intends to appeal Cannon’s decision, which will be heard by the U.S. Court of Appeals for the 11.
The appeals started after Willis was accused of misconduct when she hired special prosecutor Nathan Wade to work on her investigation into Trump and 18 others, then began dating Wade. After a long and contentious evidentiary hearing into the matter earlier this year, Judge Scott McAfee ruled, so long as Wade resigned from his role, which he did. However, in his decision, McAfee knocked Willis and said there was still “an odor of mendacity” that created an “appearance of impropriety.
A three-judge panel will hear Trump’s appeal of McAfee’s decision and is expected to issue a decision by March 2025. And once the case is back in the hands of McAfee,and whether Trump’s attempts to influence fake electors in Georgia during the aftermath of the 2020 election are “official” acts, protected from criminal prosecution.
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