Smith’s team said U.S. District Judge Aileen Cannon made a grievous mistake by ruling that Smith was unlawfully appointed by Attorney General Merrick Garland.

cross-posted from: https://lemmy.ca/post/27805545

Special counsel Jack Smith urged a federal appeals court Monday to reinstate the classified documents case against former President Donald Trump, saying a judge’s decision that dismissed the prosecution was at odds with longstanding Justice Department practice and must be reversed.

Smith’s team said U.S. District Judge Aileen Cannon made a grievous mistake by ruling that Smith was unlawfully appointed by Attorney General Merrick Garland. That position, prosecutors wrote in a brief filed with the Atlanta-based appeals court, runs counter to rulings by judges across the country as well as “widespread and longstanding appointment practices in the Department of Justice and across the government.”

If allowed to stand, they warned, it could ”jeopardize the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch.”

“The Attorney General validly appointed the Special Counsel, who is also properly funded,” prosecutors wrote. “In ruling otherwise, the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels.”