Trump's Legal Team Urges Appeals Court to Uphold Dismissal in Classified Documents Case

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ICARO Media Group
Politics
26/10/2024 21h21

### Trump’s Lawyers Urge Appeals Court to Uphold Dismissal of Classified Documents Case

WASHINGTON (AP) – Attorneys for former President Donald Trump have implored a federal appeals court to maintain the dismissal of the case accusing him of retaining classified documents at his Mar-a-Lago estate. They argue that the judge who dismissed the case rightly determined the prosecutor was unlawfully appointed.

This case, which had posed significant legal risks to Trump, was halted in July by U.S. District Judge Aileen Cannon. Cannon ruled that special counsel Jack Smith's appointment was unauthorized, effectively pausing the legal proceedings and ensuring no trial would take place before the upcoming presidential election.

Trump’s legal team submitted their appeal to the 11th U.S. Circuit Court of Appeals, headquartered in Atlanta, to sustain Cannon's ruling. They asserted that Smith's actions over the past two years lacked proper oversight and accountability, misusing taxpayer funds.

According to Trump's lawyers, no existing statutes authorize the attorney general to appoint a special counsel like Jack Smith. They further argued that Smith's direct appointment by Attorney General Merrick Garland, bypassing Senate confirmation, was unconstitutional.

Special counsel appointments under similar circumstances, such as Robert Mueller during Trump's tenure and Robert Hur during the Biden administration, have previously withstood legal challenges. Smith’s team highlights these precedents, contending that overturning Cannon's decision is necessary to avoid jeopardizing the legality of numerous executive branch appointments.

In a parallel move, Trump’s defense in the 2020 federal election interference case in Washington has also used the illegal appointment argument, seeking dismissal of that prosecution.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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