A federal appeals court has hampered the latest attempt by special counsel Jack Smith to save his classified documents case against former President Donald Trump that was dismissed earlier this month by U.S. Florida District Judge Aileen Cannon.
Politico reported that Smith’s bid to revive the case is on life support after the 11th Circuit Appeals Court announced it would give both sides until mid-October to submit briefs for a case that is now certain to remain unresolved before the November election. The announcement comes less than a month after Judge Cannon ruled that federal law is ambiguous about whether Smith, a Justice Department representative, was properly appointed by U.S. Attorney General Merrick Garland. After all filings are in, the appeals court would hear oral arguments, with a decision expected weeks or months later.
The decision is a major blow to Smith, a favorite foil of Trump who has feuded with Cannon, a Trump appointee, over perceived biases in the case. In April, the prosecutor demanded that Judge Cannon rule expeditiously on jury instructions related to the Presidential Records Act so that he may appeal the ruling if she decided that defense attorneys would be allowed to argue that all documents in Trump’s possession were declassified during his time as president. Cannon responded by unsealing a series of documents showing that Smith and DOJ prosecutors threatened the attorney of a Trump defendant and coordinated with the U.S. National Archives to keep Trump’s attorneys out of the loop as they prepared for a raid on Mar-a-Lago. President Trump has previously highlighted a document showing that FBI officials who conducted the raid were given permission to use deadly force. […]
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