US Department of Justice Special Counsel Jack Smith has filed an appeal with a federal judge.
Judge Aileen Cannon, a Trump appointment in Florida, dismissed the complaint in July on the grounds that the US Constitution was breached by the special counsel’s very existence.
Mr. Smith claimed in his Monday request that the judge’s decision “took an inadequate account” of the history of constitutionally appointed special counsels and “deviated” from previous legal precedents.
The deadline for Trump’s legal team to respond to Mr. Smith’s arguments is September 26.
In the now-dismissed case, Trump had entered not guilty pleas to multiple felonies, including willful retention of national.
The 37-count indictment charged Trump with lying to investigators and maintaining files at his Florida home. Additionally, it claimed that he attempted to impede the examination of how he handled the materials.
Walt Nauta, his assistant, and Carlos de Oliveira, a former worker, were also accused with him; both had entered not guilty pleas.
On Monday, Mr. Smith defended the appointment of special counsels to a federal appeals court located in Atlanta. The paperwork discusses “Congress’s endorsement of that practice through appropriations and other legislation.”.
“The attorney general validly appointed the special counsel, who is also properly funded,” the team representing Mr. Smith stated.
