Jack Smith defends his appointment as special prosecutor in the case against Trump’s co-defendants

On November 27, 2024By Pranco

Saul Loeb/AFP via Getty Images

(WASHINGTON) – A day after dismissing both of his cases against President-elect Donald Trump, Special Counsel Jack Smith continues to defend the validity of his own nomination as he appeals the dismissal of the classified documents case against co-defendants of Trump.

In a filing Tuesday, Smith urged a federal appeals court to reverse U.S. District Judge Aileen Cannon’s decision to dismiss the classified documents case based on the constitutionality of Smith’s appointment as special counsel.

Smith moved Monday to drop Trump from the case over a longstanding Justice Department policy that bars the prosecution of a sitting president, while he continues his appeal of the case’s dismissal to Trump’s two co-defendants, his longtime served Walt Nauta and Mar. -a-Lago property manager Carlos De Oliveira.

Trump pleaded not guilty last year to 37 charges related to his handling of classified materials, after prosecutors said he repeatedly refused to hand over hundreds of documents containing classified information ranging from U.S. nuclear secrets to the country’s defense capabilities and took steps to to thwart the government’s plans. attempts to recover the documents.

Trump, along with Nauta and De Oliveira, also pleaded not guilty to attempting to delete related surveillance footage at Trump’s Mar-a-Lago estate.

Judge Cannon dismissed the case against all three defendants last July on the grounds that Smith’s appointment as special counsel overseeing the case was unconstitutional because he had not been appointed by the president or confirmed by Congress.

Smith on Tuesday urged the Court of Appeals for the 11th Circuit to overturn Cannon’s “flawed” conclusion so he can proceed with the case against Nauta and De Oliveira.

“The Supreme Court ruled more than fifty years ago that Congress gave the Attorney General the authority to appoint special prosecutors, such as the Special Counsel, and the text, context, and history of the four statutes the Supreme Court identified, as well as the long history of special advisor appointments, confirm that Nixon was right,” the filing said.

In a statement Monday, John Irving, an attorney for De Oliveira, said: “The special counsel’s decision to pursue this case even after it has been dismissed against President Trump is an unsurprising tribute to the poor judgment that led to the indictment against Mr. Trump. De Oliveira in the first place. Just because you can do it doesn’t mean you should do it. If they prefer a slow acquittal, that’s fine with us.”

This is likely Smith’s last complaint against Trump as a defendant, although Trump’s inclusion in the brief is a technicality. While Smith moved Monday to have Trump dropped from the case, the court has not yet dismissed the appeal for the newly elected president.

“The administration has taken steps to dismiss this appeal against Donald Trump. If granted, Defendant Trump will not appear in the caption in any future filings in this case,” Smith wrote in a footnote to Tuesday’s filing.

Smith’s other case against Trump, which involved the former president’s alleged efforts to overturn the 2020 election results, was dismissed Monday at Smith’s request due to the Justice Department’s presidential immunity policy.