Fort Pierce - Thursday July 18, 2024: Special Counsel Jack Smith will ask the 11th Circuit Court of Appeals in Atlanta to overturn Judge Aileen Cannon's dismissal of the classified documents case against the Republican Party's candidate for president, former president Donald Trump.
On Wednesday, two days after the Fort Pierce based Federal Judge dismissed the case, Smith filed a short one-sentence "Notice of Appeal" with Judge Cannon. He let her know, as required, that the U.S. Justice Department had authorized him to seek reinstatement of the felony indictment against Trump.
Smith has not yet filed an appeal with the 11th Circuit. He has 30-days from the day of dismissal to do so.
Trump was facing 40 felony counts, which included 32 counts of willful retention of national defense information in violation of the Espionage Act, 6 counts of obstruction-related crimes; and 2 counts of making false statements, under oath.
None of those allegations were addressed in Judge's Cannon's order granting the dismissal sought by Trump's defense attorneys. Trump's defense team argued that the Justice Department does not have the Constitutional Authority to appoint a Special Prosecutor. Cannon agreed with that argument, even though for the past 50 years, all other federal courts, including the Supreme Court, have rejected it.
The merits of the allegations against the ex-president remain undecided, and given the lengthy appeals process, legal experts think it is now impossible for a trial to be scheduled before the November election.