In the United States, Donald Trump’s legal troubles could be revived. On Monday, special counsel Jack Smith asked a US federal appeals court to overturn a lower court judge’s decision to dismiss the former president’s charges for withholding classified documents after he left the White House.
However, even if the appeals court ruled in favor of the prosecutor, a possible trial of the Republican candidate would in all likelihood not be able to take place before the presidential election on November 5.
A judge who made a mistake
In his written arguments, Smith accuses Florida Judge Aileen Cannon of making a complete mistake in ruling on July 15 that his appointment as special prosecutor in the case and the funding for his work violated the Constitution’s sections on appointments and expenses.
In doing so, it “departed from authoritative Supreme Court jurisprudence, misinterpreted the laws authorizing the appointment of the special prosecutor, and failed to adequately consider the long tradition of appointments of special prosecutors by justice ministers,” he said.
Pending the defense’s response
“His reasoning could undermine the established functioning of the Justice Department and call into question hundreds of appointments within the executive branch,” including in defense, diplomacy and the Treasury, adds Jack Smith. The defense now has 30 days to respond, then the special counsel will have three weeks to formulate a counter-argument.
In a statement, Steven Cheung, a spokesman for Donald Trump’s campaign, called the whole affair “political attacks.” “As we move forward in uniting our nation, not only should the dismissal of the lawless indictment in Florida be upheld, it should be immediately joined by a rejection of all witch hunts,” he said.
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