Special counsel Jack Smith asked a federal appeals court on Monday to reinstate the trial against former President Donald Trump for mishandling classified documents, a case that was dismissed last month by a federal judge in Florida.
In a brief sent to the Eleventh Circuit Court of Appeals in Atlanta, Georgia, Smith pointed to Judge Aileen Cannon’s decision to dismiss the case on the grounds that Smith’s appointment lacked constitutional authority.
Cannon, who was appointed to the post by Trump, ruled that Attorney General Merrick Garland’s decision to nominate Smith in 2022 violated the U.S. Constitution. He also ruled that his budget, funded by an open-ended appropriation, was illegal.
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