On Wednesday, US prosecutors formally appealed a federal judge's decision to dismiss the criminal case against Donald Trump, which accused him of illegally retaining classified documents at his Mar-a-Lago residence after leaving the White House in 2021. Special counsel Jack Smith's office filed a notice in a Florida court, seeking to reverse the July 15 ruling by US District Judge Aileen Cannon. The appeal will be heard by the 11th US Circuit Court of Appeals in Atlanta.
Judge Cannon, appointed by Trump in 2020, ruled that Smith's appointment by US Attorney General Merrick Garland in 2022 was unconstitutional. She argued that Congress had not authorized Garland to appoint a special counsel with Smith's level of power and independence. This ruling came as a surprise to many legal experts and marked another legal victory for Trump, who has faced multiple criminal charges.
The decision by Cannon contradicted decades of legal precedent, where federal courts upheld the attorney general's authority to appoint special counsels for politically sensitive investigations. The practice has been utilized by both Democratic and Republican administrations, including investigations into President Joe Biden and his son, Hunter Biden.
Cannon's ruling cited arguments from Trump's legal team and aligned with a concurring opinion from US Supreme Court Justice Clarence Thomas. Thomas had argued that the special counsel did not have the authority to pursue the case, a position Cannon referenced multiple times in her decision.
The ruling dismissed charges against Trump and his co-defendants, Walt Nauta and Carlos De Oliveira. Trump was accused of illegally retaining sensitive national security documents, including those related to the US nuclear program, and obstructing the federal investigation. All defendants have denied the charges.
The 11th Circuit Court, which has previously ruled against Trump in the classified documents case, will now decide whether to reinstate the charges. In 2022, a three-judge panel from the same court overturned Cannon's decision to appoint a special master to review evidence seized by the FBI at Mar-a-Lago.
Six of the 12 active judges on the 11th Circuit were appointed by Trump, adding another layer of complexity to the upcoming appeal.
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