A federal appeals court has dealt a significant setback to special counsel Jack Smith’s latest effort to revive his classified documents case against former President Donald Trump, which was tossed out earlier this month by U.S. Florida District Judge Aileen Cannon.
According to Politico, Smith’s attempt to breathe new life into the case is now on shaky ground after the 11th Circuit Court of Appeals announced it would allow both sides until mid-October to file briefs. This move guarantees that the case will not be resolved before the November election. The announcement follows Judge Cannon’s ruling that federal law is unclear on whether Smith, a Justice Department official, was properly appointed by U.S. Attorney General Merrick Garland. Once all filings are submitted, the appeals court will schedule oral arguments, with a decision anticipated weeks or even months later.
The ruling is a major blow to Smith, who has repeatedly clashed with Cannon, a Trump appointee, over alleged biases in the case. In April, Smith pressed Judge Cannon to quickly decide on jury instructions related to the Presidential Records Act, so he could appeal if she allowed Trump’s defense to argue that all documents in his possession were declassified while he was president. Cannon responded by unsealing documents revealing that Smith and DOJ prosecutors had threatened a Trump defendant’s attorney and coordinated with the U.S. National Archives to exclude Trump’s legal team as they prepared for the Mar-a-Lago raid. Trump has pointed to a document indicating that FBI agents conducting the raid were authorized to use deadly force.
Smith continues to prosecute Trump in the Washington, D.C. district court, where Trump faces four counts of election interference connected to the January 6th, 2021, Capitol riot. In this case, Judge Tanya Chutkan, an Obama appointee, has been more supportive of the federal prosecutor, imposing a gag order on Trump and setting an early trial date despite the massive volume of evidence. However, many legal experts believe Judge Chutkan will not be able to render a verdict before the election. If Trump wins, he is expected to immediately push for the DOJ to drop both cases.
In May, Trump was convicted in his Manhattan hush money trial and is now seeking to overturn the verdict, citing a recent Supreme Court decision that grants sitting presidents broad immunity for official acts. Trump’s attorneys argue that any directive he gave Michael Cohen to pay Stormy Daniels constitutes protected speech. Trump also faces a state trial in Georgia, where the case brought by Fulton County District Attorney Fani Willis appears to be collapsing.
Despite his felony conviction in New York, Trump has seen a surge in Republican support and record fundraising levels immediately following the verdict. He awaits sentencing by Manhattan Judge Juan Merchan, with the appeals process ongoing.
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