Fort Pierce - Tuesday July 16, 2024: As expected, the Justice Department has authorized Special Counsel Jack Smith to appeal Judge Aileen Cannon's dismissal of the classified documents case against former president Donald Trump.
Judge Cannon ruled in favor of a dismissal motion filed by Trumps attorneys. She concluded that "Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution."
On Monday, hours after Judge Cannon threw out the case, a spokesperson for Smith's office, in a statement issued to reporters, said Judge Cannon's dismissal of the case deviates from the uniform conclusion of all previous courts" who found that "the Attorney General is statutorily authorized to appoint a Special Counsel."
The Special Prosecutor will seek to have the indictment against Trump re-instated, and he is expected to also ask that Judge Cannon be removed from the case so that it can assigned to another judge.
It is not yet clear when the appeal will be filed, or how long it will take for the appeals court to rule.
Within 30 days, Smith needs to file with the U.S. Court of Appeals for the 11th Circuit. It could take months for that court to get briefs from both Smith and Trump, potentially hold oral arguments, and then issue a decision. If the Supreme Court takes the issue up, the appeal could probably drag on into the new year and that makes it virtually impossible for a trial to take place before the November presidential election.
There may not even be a trial now. If Trump wins the presidential election, he is expected to order the Justice Department to drop the case.