Special counsel recommends that court reconsider Trump classified documents case – Daily News

Special Counsel Jack Smith is urging a federal appeals court to reinstate a case against former President Donald Trump involving classified documents. Smith’s team argues that the judge’s decision to dismiss the prosecution based on the appointment of Smith by Attorney General Merrick Garland was a mistake and goes against longstanding Justice Department practices. The appeal is the latest development in a case that has been snarled by delays and motions from the Trump team. If the appeal is successful, the prosecution could be revived, but a trial before the November presidential election is unlikely. Trump’s campaign spokesman called for the dismissal of all prosecutions against Trump. The case involves felony charges related to Trump’s retention of classified documents at his Mar-a-Lago estate and obstruction of the government’s efforts to retrieve them. The issue at hand is whether Smith’s appointment as special counsel was valid under the Appointments Clause, which requires certain public officials to receive presidential and Senate approval. Smith was appointed by Garland in 2022 to investigate Trump’s handling of the documents and efforts to undo the 2020 election. Prosecutors argue that the attorney general has the authority to appoint a special counsel, as demonstrated by decades of precedent. The appeal could have far-reaching implications for the appointment of officials within the Department of Justice and across the government.

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