Jack Smith asks Judge Cannon to reopen Trump case of classified documents: "She misinterpreted the statutes"

Jack Smith seeks to have a court reopen the case of Donald Trump and the classified documents, which was closed in mid-July by Judge Aileen Cannon. According to the magistrate, the special prosecutor appointed by the Department of Justice had been appointed "illegally," breaking several clauses of the Constitution.

Without calling for Cannon to be removed from the case, Smith made a 58-page filing with the 11th Circuit Court of Appeals.

"The Attorney General validly appointed the Special Counsel, who is also properly funded. 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," he wrote.

In turn, the brief reflects on the statutes involving special prosecutors, from their appointment to their modus operandi. "Apart from the district court below, every court to consider the question has concluded that the Supreme Court’s determination that those statutes authorized the Attorney General to appoint the Watergate Special Prosecutor was necessary to the decision that a justiciable controversy existed and therefore constitutes a holding that binds lower courts. (...) The district court erred when it deemed that conclusion unpersuasive dicta," the brief added.

Finally, Smith noted that Cannon's initial ruling "could jeopardize the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch."

Trump discusses suing DOJ over Mar-a-Lago raid

In mid-August, Fox News broke the news that former President Trump's lawyers were preparing a lawsuit against the Justice Department over the raid on the Mar-a-Lago mansion. As they understand, this was done with the "clear intent to engage in political persecution."

"What President Trump is doing here is not only defending himself, but all Americans who believe in the rule of law and believe that the government should be held accountable when it hurts you," stated Daniel Epstein, attorney for the presidential candidate, in an interview with Fox News.

The document they are preparing also adds that the decisions made by the DOJ and FBI regarding that raid were "inconsistent with protocols requiring consent of an investigative target, disclosure to that individual's attorneys and use of the local U.S. Attorney's Office." The document continues by saying that the decisions made by the DOJ and FBI regarding that raid were "inconsistent with protocols requiring consent of an investigative target, disclosure to that individual's attorneys and use of the local U.S. Attorney's Office.