Appeals court just gave Jack Smith a deadline to file arguments against Judge Cannon's dismissal
Source: Law & Crime
Jul 25th, 2024, 12:20 pm
After Jack Smith promptly filed a notice of appeal eight days ago following U.S. District Judge Aileen Cannon’s repudiation of his authority to prosecute Donald Trump in the Mar-a-Lago classified documents case, the U.S. Court of Appeals for the 11th Circuit has set a deadline for the special counsel to submit his brief. That deadline is just over a month from now.
In mid-July, Cannon — a Trump appointee who warmed to the arguments of conservative amici curiae and a concurrence penned by Justice Clarence Thomas in the Supreme Court immunity case Trump v. United States — ruled after “careful study” that the Mar-a-Lago indictment for willful retention of national defense information had to be thrown out because, in her view, U.S. Attorney General Merrick Garland unlawfully appointed Jack Smith as special counsel in violation of the Appointments Clause of the Constitution.
“Both the Appointments and Appropriations challenges as framed in the Motion raise the following threshold question: is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution? After careful study of this seminal issue, the answer is no,” she wrote, roundly rejecting the statutory authorities Smith cited and calling the special counsel a “private citizen exercising the full power of a United States Attorney, and with very little oversight or supervision.”
It was always clear that the Special Counsel’s Office would appeal, and that notice of appeal dropped two days after the dismissal order, setting up a showdown at the 11th Circuit — the appellate court that put a unanimous and definitive end to Cannon’s special master and her blocking of the feds from reviewing classified documents seized from Mar-a-Lago after the August 2022 search. “Pursuant to 11th Cir. R. 31-1(a), the appellant’s brief is due August 27, 2024.
Read more: https://lawandcrime.com/high-profile/appeals-court-just-gave-jack-smith-a-deadline-to-file-arguments-against-judge-cannons-dismissal-of-trumps-mar-a-lago-prosecution/
Full headline: Appeals court just gave Jack Smith a deadline to file arguments against Judge Cannon’s dismissal of Trump’s Mar-a-Lago prosecution
Link to BRIEFING (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.ca11.87822/gov.uscourts.ca11.87822.12.0.pdf
Smith can submit anytime BEFORE August 27 and the defense has to submit a response within 30 days of Smith's last submission. It wasn't expected that this would go to trial before the election although at this point, convictions for criminal offenses HAVE happened thanks to NY, so...
= new reply since forum marked as read
The first time I read the headline, I thought it said Judge Cannon got dismissed. I thought to myself, "Why would Jack Smith argue against her being dismissed?"
That is why I have a "Full headline:" line in the comments. 
