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Special counsel Jack Smith on Monday asked a Florida court to revive the documents cases against Donald Trump, the latest twist in the former president’s legal battle.
Trump won a major victory last month when Judge Aileen Cannon ruled that Smith had been improperly appointed and lacked legal standing to bring the case.
But in his appeal, Smith argued that her decision violated precedent.
“Congress has given the attorney general, like the heads of many executive departments, broad authority to organize the agency he leads to carry out the responsibilities assigned to him by law,” Smith and his team wrote.
“The court’s opposing position is at odds with a series of rulings, including the Supreme Court, that the attorney general has such authority. It also runs counter to widespread and long-standing appointment practices within the Justice Department and the government.”
Special counsel Jack Smith filed an appeal Monday to revive the Trump documents case
Trump’s lawyers challenged Smith’s appointment on the thinly supported theory that the special counsel’s office was not created by Congress and that he had not been confirmed by the Senate.
Judge Aileen Cannon, who was appointed by Trump, ruled in their favor, also finding that the office had been illegally funded.
However, legal experts were quick to point out that her ruling was unlikely to survive the appeal.
Still, the decision was a huge victory for Trump. It came shortly after the Supreme Court said he enjoyed broad criminal immunity for official actions taken while in office.
The case included dozens of charges against Trump, alleging that he illegally retained classified documents after leaving the White House and then obstructed government efforts to recover them.
Stacks of government documents found by FBI at Trump’s Mar-a-Lago home in Florida
The case was one of four criminal trials Donald Trump faced after leaving office
An FBI search of his Mar-a-Lago home found hundreds of documents, including confidential files that should never have been kept.
Trump had denied any guilt.
The Justice Department quickly indicated that it would appeal the decision to dismiss the charges and seek to revive the case.
“The court should vacate the dismissal decision and remand the case for further proceedings,” Smith and his team wrote.