Special Counsel Asks Appeals Court to Revive Trump Classified Documents Case After Judge Cannon Ruling

Special Counsel Jack Smith urged a federal appeals court to reinstate the classified documents case against former President Donald Trump, challenging a controversial decision by Judge Aileen Cannon that dismissed the charges.

In a filing Smith’s team described the ruling as “nonsensical,” citing longstanding legal precedents that directly contradict the judge’s conclusion.

Judge Cannon, appointed by Trump in 2020, had previously argued that the special counsel’s office was unlawfully created, effectively shutting down the prosecution in a shock ruling. Smith’s office responded on Monday with an appeal to a Florida court, asserting that Cannon’s decision would jeopardize “hundreds” of similarly appointed offices across the federal government.

“The district court’s contrary view conflicts with an otherwise unbroken course of decisions, including by the Supreme Court,” Smith’s team argued, stressing that the ruling’s rationale deviated from “binding Supreme Court precedent” and misinterpreted the statutes that authorized the special counsel’s appointment.

Despite the controversy, Smith’s team has not yet sought to have Cannon recused from the case.

The case, which marked the first federal indictment of a former president, revolves around allegations that Trump withheld hundreds of classified documents after leaving the White House, storing them at his Mar-a-Lago estate in Florida. The 93-page order from Cannon did not address the facts or evidence against Trump, instead focusing on the legality of the special counsel’s office itself.