Smith Asks Court to Reinstate Classified Documents Charges

When Judge Aileen Cannon dismissed the classified documents case against Donald Trump, virtually the entire nation was stunned, including this writer.

While Cannon had been favoring Trump in the case, there was no way in the world I ever thought she would dismiss those charges.

Special Counsel Jack Smith is now fighting back, hoping to have the charges reinstated.

Charge Him

If you read my reports regularly, you know I have always thought the classified documents case was one of two cases that I thought really had teeth against Trump.

And yes, I understand the argument that other presidents have taken records, as did Joe Biden, and never faced any charges, but that is irrelevant to this case because Trump was charged.

When Trump’s attorneys motioned to have the case tossed, most thought Cannon would rule against him, but she shocked the entire nation by agreeing with an argument that had been rejected in several other courts, which was the basis of Smith’s new argument.

He stated, “The district court’s contrary view conflicts with an otherwise unbroken course of decisions, including by the Supreme Court, that the Attorney General has such authority, and it is at odds with widespread and longstanding appointment practices in the Department of Justice and across the government.”

At the heart of this case is whether Smith’s appointment was legal, something I have examined exhaustively.

There is precedent to back up Smith’s appointment, with this issue having been litigated and resolved in the 1970s, but for some reason, Cannon appeared to lean into a comment made by Justice Thomas, and she tossed the case.

Smith also pointed to the precedent in his argument, stating, “The long history of Attorney General appointments of special counsels confirms the lawfulness of the Special Counsel’s appointment.

“From before the creation of the Department of Justice until the modern day, Attorneys General have repeatedly appointed special and independent counsels to handle federal investigations, including the prosecution of Jefferson Davis, alleged corruption in federal agencies (including the Department of Justice itself), Watergate, and beyond.”

I believe Smith will eventually win this appeal, even if he has to take it to the Supreme Court.

In the meantime, this will continue to delay the case well past the election, but this just may cost Judge Cannon her robe, as the legal precedent is very clear in this matter and she completely disregarded it in her decision.