‘Relentless and misleading’: Jack Smith shreds new Trump motion as proof he will ‘stop at nothing’ to delay Mar-a-Lago documents case

Left to right: Special Counsel Jack Smith (AP Photo/J. Scott Applewhite, File), Aileen M. Cannon speaks remotely during a Senate Judiciary Committee hearing (U.S. Senate), Donald Trump speaks with supporters at the Westside Conservative Breakfast, June 1, 2023, in Des Moines, Iowa (AP Photo/Charlie Neibergall, File).

Left: Special Counsel Jack Smith (AP Photo/J. Scott Applewhite, File). Center: Aileen M. Cannon speaks remotely during a Senate Judiciary Committee hearing (U.S. Senate). Right: Donald Trump speaks with supporters in Des Moines, Iowa (AP Photo/Charlie Neibergall, File).

The Special Counsel’s Office will soon have its first shot at persuading a panel on the U.S. Court of Appeals for the 11th Circuit that the judge in former President Donald Trump’s Mar-a-Lago case wrongly dismissed the prosecution on the ground that Jack Smith was unlawfully appointed.

The Tuesday, Aug. 27, deadline set the previous month for the government to file its opening brief is fast approaching. Although there was a school of thought that Smith  might consider filing well ahead of the deadline, in a potential move to fast-track the case, there was no brief yet filed as of Monday afternoon on the East Coast.

U.S. District Judge Aileen Cannon, who has been resoundingly overruled by the 11th Circuit before, in mid-July tossed the classified documents case after “careful study” on Appointment Clause grounds — just weeks after Justice Clarence Thomas penned a concurrence questioning the special counsel’s authority in the Supreme Court immunity case Trump v. United States.

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