Special counsel Jack Smith urged an appeals court Monday to reverse U.S. District Judge Aileen M. Cannon's dismissal of Donald Trump's classified-documents case, arguing that Attorney General Merrick Garland had clear authority to appoint Smith to lead the prosecution.
Smith wrote that Cannon ignored decades of precedent when she issued her stunning decision to toss out the entire indictment, in which she said Smith was wrongfully appointed and wielded too much power for someone who was not in a Senate-confirmed position.
The 60-page filing to the U.S. Court of Appeals for the 11th Circuit marks the latest salvo in what has become a contentious relationship between the special counsel and Cannon, who was nominated to the bench by Trump and confirmed just before he left office. In measured language, Smith insisted Cannon's dismissal of Trump's indictment trampled on decades of legal precedent and Justice Department practice regarding the appointment of special or independent prosecutors.
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