Special counsel Jack Smith asked a federal appeals court Monday to reinstate the classified documents case against former President Donald Trump after it was dismissed by a judge last month.
U.S. District Judge Aileen Cannon threw out the case, one of four prosecutions of Trump, after concluding that Smith’s appointment as special counsel was unconstitutional.
Smith’s team then appealed to the Atlanta-based 11th U.S. Circuit Court of Appeals, with prosecutors saying in their appeal brief that Cannon’s decision is “at odds with widespread and longstanding appointment practices in the Department of Justice and across the government.”
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