As Special Counsel Jack Smith works to appeal U.S. District Judge Aileen Cannon's dismissal of his classified documents case against former President Donald Trump, the court has laid out as a schedule for both sides to present legal briefs.
The Atlanta-based 11th Circuit Court of Appeals said Smith's opening brief is due Aug. 27. According to Anna Bower, a courts correspondent for Lawfare, Trump's team will have a response due by Sept. 26 with a reply by the special counsel on Oct. 17.
Cannon's 93-page order held that Smith's selection as special counsel violated the Constitution because he was named to the position directly by Attorney General Merrick Garland instead of being appointed by the president and confirmed by the Senate.
Prosecutors vigorously challenged that argument when it was raised by Trump's lawyers and filed a formal notice of appeal Wednesday to initiate the process.
The U.S. Court of Appeals for the 11th Circuit has previously overturned other Cannon rulings in the Trump classified documents case, siding with the Justice Department, according to Axios.
Cannon, who was appointed to the bench by Trump, had postponed the trial indefinitely prior to her dismissal of the case.
The indictment included dozens of felony counts accusing Trump of illegally hoarding classified records from his presidency at his Mar-a-Lago estate in Palm Beach, Florida, and obstructing FBI efforts to get them back. He had pleaded not guilty and denied wrongdoing.
The case has been full of legal maneuvers since its inception due to the unique nature of sharing evidence that is deemed to be classified.
Information from the Associated Press was used in this report.
Sam Barron ✉
Sam Barron has almost two decades of experience covering a wide range of topics including politics, crime and business.
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