Special Counsel to Appeal Ruling Dismissing Donald Trump’s Documents Case; Legal Expert Weighs In

Special Counsel Jack Smith is set to appeal U.S. District Judge Aileen Cannon's dismissal of former President Trump's classified documents case. The ruling, citing improper appointment, has been labeled a "blessing in disguise" by former U.S. Attorney Barbara McQuade.

Judge Dismisses Trump's Indictment Over Appointment Issues; Special Counsel Smith Plans Appeal

According to Smith's spokesperson, a federal magistrate dismissed the former President Trump's classified documents indictment earlier on July 15. Smith will appeal this decision.

In a significant ruling, U.S. District Judge Aileen Cannon dismissed Trump's allegations, citing that Smith was not lawfully appointed.

“The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,” Peter Carr, spokesman for Smith’s office, said in a statement.

“The Justice Department has authorized the Special Counsel to appeal the court’s order,” he continued.

Smith's appeal will first be heard by a three-judge panel on the 11th U.S. Circuit Court of Appeals, possibly escalating the case to the Supreme Court.

Trump's 40 criminal charges, which accused him of mishandling classified information and obstructing the government's efforts to retrieve those records from Mar-a-Lago following his presidency, were dismissed on July 15.

According to The Hill, it was the initial instance in which Trump had one of his criminal indictments dismissed. According to the magistrate, Smith was not appointed in compliance with the Constitution's Appointments Clause, and her decision did not consider the merits of Trump's accusations.

“The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers,” Cannon, a Trump appointee, wrote in her 93-page ruling.

“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”

Former U.S. Attorney Calls Judge's Dismissal of Trump Case a 'Blessing in Disguise' for Special Counsel

Barbara McQuade, a former U.S. Attorney, stated on July 15 that she believes Judge Aileen Cannon's dismissal of the classified documents case against former President Trump could be a "blessing in disguise" for special counsel Jack Smith.

“Look, I think it’s a terrible decision. I think it’s absolutely wrong on the merits, but going forward I think this could actually be a blessing in disguise because it gives Jack Smith an opportunity to appeal the case immediately,” McQuade, an MSNBC legal analyst, said on July 15, in an interview highlighted by Mediaite.

“So many of these other decisions were within the judge’s discretion as she was slow-walking the case, but this is one where it’s immediately appealable,” McQuade continued. “And I think she is so clearly wrong on the law that the 11th Circuit will reverse.”

McQuade predicted Trump would likely appeal the case to the Supreme Court, which might ultimately rule in Trump’s favor. Even if that happens, she said, “The case is not over.”

“All that means is a special counsel can’t bring this case,” McQuade continued. “There is nothing then to stop the U.S. attorney in the southern district of Florida from bringing this case.”

Cannon's decision, however, effectively eliminates the possibility of a trial before the November election.

“But I think we were headed in that direction anyway,” McQuade added. “By making this decision now, Jack Smith sees the legal landscape and can act strategically the way he wants to.”

On July 15, Cannon dismissed the criminal charges against the former president, which accused him of obstructing the government's efforts to retrieve classified information and mishandling classified information after he departed the White House.

According to Cannon, Smith was not lawfully appointed, as no federal law authorized his appointment. The action was a significant victory for Trump, as it was the first time that one of his four criminal cases was dismissed entirely.

“The bottom line is this,” Cannon wrote in a 93-page ruling. “The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers.”

“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers.”

Cannon declared that, following a "careful examination," she had ascertained that no legal statute authorizes the attorney general to appoint a federal officer with the "type of prosecutorial authority" that Special Counsel Smith possesses.