Special prosecutor Jack Smith has filed an appeal against the decision of Federal District Judge Aileen Cannon in the United States to dismiss the indictment against former President Trump in the “classified documents case”.
On Monday, July 15, Judge Cannon rejected the case accusing Trump of mishandling classified documents, ruling that the appointment of the special prosecutor by the Attorney General was unconstitutional, and that Special Prosecutor Smith had no authority to bring the lawsuit.
Judge Cannon pointed out that Smith’s appointment was not based on any specific federal provision, nor was it made by presidential appointment or with the consent of the U.S. Senate.
The Department of Justice has authorized Smith to appeal the court’s decision. Peter Carr, a spokesman for Smith’s office, said in a statement, “The dismissal of this case deviates from the unified conclusions reached by all previous courts when considering whether the Attorney General has the authority to appoint special prosecutors.”
It is currently unclear whether Smith’s office will seek the court to expedite the handling of this case. Generally, the appeals process might take several months to complete.
In November 2022, Attorney General Merrick Garland appointed Jack Smith, a prosecutor responsible for investigating public corruption cases within the Department of Justice, as the special prosecutor to lead the cases involving Trump’s classified documents and the January 6 Capitol riot.
In June 2023, Smith filed 37 felony charges against Trump in the classified documents case, including violations of the Espionage Act, conspiring to obstruct justice, and providing false statements to investigators. Trump has pleaded not guilty to all charges.
Trump currently faces four indictments. Besides the classified documents case, there are two cases related to attempts to overturn the results of the 2020 presidential election, and awaits sentencing in the “hush money case”.
On July 1, the U.S. Supreme Court ruled that former President Trump enjoys criminal immunity for official acts performed before the end of his presidential term. This decision means that the progress of Special Prosecutor Smith’s political cases against Trump will continue to be delayed.
Judge Cannon’s ruling has shaken the historical foundation of special prosecutors. Voice of America (VOA) has introduced the history of special counsel investigations, mentioning that the predecessors of special prosecutors, known as independent prosecutors, have a long history in U.S. politics.
These independent prosecutors had various titles in English, from “special prosecutor”, “independent counsel” to “special counsel”. The appointment process of special prosecutors also differs, usually being appointed by the Attorney General under the authorization of the President.
Special prosecutors investigate cases that may have conflicts of interest with the Department of Justice, and they investigate and prosecute government officials and individuals suspected of criminal behaviors.
The origins of special prosecutor investigations can be traced back to the “Whiskey Ring” scandal during President Ulysses S. Grant’s tenure in 1875. Some of the most notable investigations conducted by special prosecutors include the Watergate scandal during Richard Nixon’s administration, the Iran-Contra affair in 1986, the Whitewater scandal and the impeachment scandal during Bill Clinton’s presidency.
In recent years, another highly publicized special investigation was the “Russia Gate” probe. In 2017, the U.S. Department of Justice appointed former FBI Director Robert Mueller to lead the investigation into “Russia Gate”. During the two-year investigation, Mueller brought criminal charges against 34 individuals but found no evidence of Trump colluding with Russia during the 2016 presidential election.