CNN
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Special Counsel Jack Smith He argued for reopening his office’s classified documents case against Donald Trump In the first formal filing since Judge Eileen Cannon dismissed the criminal case last month, it made a vigorous defense of its authority.
In a brief filed Monday with the 11th U.S. Circuit Court of Appeals in Atlanta, Smith argues that Cannon’s decision to end the Trump case was “novel” and “deficient” because the attorney general’s office lacked constitutional authority.[ed] Merit.”
Cannon ruled that the Justice Department lacked the ability to hire or fund special counsel like Smith.
Smith’s group said Cannon’s decision would affect not only other special counsel cases — several pending in other courts against Trump and Hunter Biden — but also the power of leaders in the federal government.
“If the attorney general does not have the authority to appoint inferior officers, the decision would invalidate the appointment of every member of the department who continues to exercise significant power, except for those specifically identified by statute,” Smith’s office wrote. In 81 page filing.
“The district court’s reasoning will raise questions about hundreds of appointments across the executive branch, including the defense, state, treasury and labor departments,” the attorneys added.
This story has been updated with additional details.
