Special Counsel Smith Asks Appeals to Reinstate Classified Documents Case

Monday, August 26, 2024

Special counsel Jack Smith asked a federal appeals court Monday to reinstate the classified documents case against former President Donald Trump after it was dismissed by a judge last month.

Posted by lamplighter at 09:30 PM | 80 COMMENTS | permalink | Comment on This Entry |

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... U.S. District Judge Aileen Cannon threw out the case, one of four prosecutions of Trump, after concluding that Smith's appointment as special counsel was unconstitutional.

Smith's team then appealed to the Atlanta-based 11th U.S. Circuit Court of Appeals, with prosecutors saying in their appeal brief that Cannon's decision is "at odds with widespread and longstanding appointment practices in the Department of Justice and across the government."

The appeal is the latest development in a prosecution that many legal experts consider a straightforward criminal case but has been derailed by delays, months of hearings before Cannon, a Trump-appointed judge, and ultimately a dismissal order that brought the proceedings to at least a temporary halt. ...

#1 | Posted by LampLighter at 2024-08-26 04:12 PM | Reply

So far, I have not see any reporting regarding whether or not SC Smith has requested of the Appeals Court to remove Judge Cannon from the case.

#2 | Posted by LampLighter at 2024-08-26 07:23 PM | Reply

He didn't.

But he's hoping the folks who are just supposed to be "calling balls and strikes", remembers the rule:

"Three strikes and YERRRR OUT!"

#3 | Posted by Danforth at 2024-08-26 07:34 PM | Reply | Newsworthy 1

It's time to end the lawfare against political opponents.

#4 | Posted by visitor_ at 2024-08-26 10:21 PM | Reply | Funny: 1

@#4 ... It's time to end the lawfare ...

Please describe the lawfare your alias imagines.

Stated differently, if your alias feels it is time to end it, your alias should be able to provide a precise description of the "it" your alias wants to end.

Yer up.

thx.

#5 | Posted by LampLighter at 2024-08-26 10:31 PM | Reply | Newsworthy 1

Please describe the lawfare your alias imagines.

Prosecutors picking on Lewzer just because he is a criminal.

#6 | Posted by REDIAL at 2024-08-26 10:34 PM | Reply | Funny: 1 | Newsworthy 4

@#6

So, prosecutors doing their job?

That is A Good Thing?

Correct?

#7 | Posted by LampLighter at 2024-08-26 10:56 PM | Reply

DANFORTH @ #3

"Three strikes and YERRRR OUT!"

Cannon has certainly proved that she's incompetent to handle a case of this magnitude.

The 11th Circuit should come to that conclusion themselves, you'd think, after repeated instances of poor judgement and a waste of the courts' time with a stream of frivolous unfounded-in-law motions by the defense that didn't require a hearing.

There are only two conclusions: Incompetent or biased. Both grounds for removal.

#8 | Posted by Twinpac at 2024-08-26 11:53 PM | Reply

@#8 ... The 11th Circuit should come to that conclusion themselves, you'd think ...

While I do not disagree.

One question that lingers here is ... does the Appeals Court need a motion for her removal in order to decide upon her removal?

In other words, does the Appeals Court need arguments presented to them in order to decide?

I have not a clue to that answer.

#9 | Posted by LampLighter at 2024-08-27 12:01 AM | Reply

This is the one legitimate case against Trump.

But Dems were so corrupt and incompetent and so hyper-political with all of this that a legitimate case is likely going to be tossed.

Nice werk!

#10 | Posted by BellRinger at 2024-08-27 12:23 AM | Reply | Funny: 1

Patricide Jeff, your child-raping hero should hang for J6.

#11 | Posted by reinheitsgebot at 2024-08-27 12:28 AM | Reply | Newsworthy 4

@#10 ... But Dems were so corrupt and incompetent and so hyper-politica ...

How so?

Apparently your current alias has evidence to back up what it states.

#12 | Posted by LampLighter at 2024-08-27 12:39 AM | Reply

Reihn chuckie cheese restraining order,

Your peeps totally blew a legitimate case of criminal mishandling of classified materials. This may shock you but I am PISSED about this. Trump took classified documents, that he didn't unclassify and shared some of them with a writer who didn't have clearance. Biden did the exact same thing and it was only his dementia, as a sympathetic witness, that spared him from being tried. Trump may be showing early signs of dementia, but nothing close to the actively decomposing corpse who is Biden and is miraculously still in charge. Damn! That is insane. Trump knew what he was doing and the evidence against him is strong.

With an honest approach, you could have nailed a legit conviction.

But y'all made it purely political and here we are...

#13 | Posted by BellRinger at 2024-08-27 12:49 AM | Reply | Funny: 2

BELLRINGERTHE ------- WHO KILLED HIS OLD MAN WITH HORSE PASTE, your child-raping idol sent you ------------, cop-killing berserkers to invade DC because he lost an election.

#14 | Posted by reinheitsgebot at 2024-08-27 12:51 AM | Reply

All caps makes you look like a complete jackass, ReinIhateNeighborhoodwatch.

You are a piece of dung and nothing more.

#15 | Posted by BellRinger at 2024-08-27 12:54 AM | Reply | Newsworthy 1

You're a patricidal --------- loathed by other MAGAts.

#16 | Posted by reinheitsgebot at 2024-08-27 12:57 AM | Reply | Newsworthy 1

@#15 ... All caps makes you look like a complete jackass, ...

Yeah, reminds me of the times when fmr Pres Trump uses all caps.

OpEd: Great news: The Republican Party is now officially just as weird and drunk-uncle-ish as Donald Trump, the convicted felon the party is rolling out as its presidential candidate/democracy saboteur. (July 2024)
www.usatoday.com

... On Monday, the Republican National Committee's platform committee adopted the strangest document ever created and declared it the party's new official platform. It was less a serious expression of a party's values and plans for governing and more a reminder that Republicans think actual policy proposals are for woke ninnies and American voters should just shut up and let billionaires control things.

The title of the document is: "2024 GOP PLATFORM MAKE AMERICA GREAT AGAIN!"

Yes, there is punctuation -- presumably a colon -- missing from that title. And yes, there is an exclamation point at the end of that title, which should serve as a reminder that this is a wildly unserious political party.

But don't worry, it gets far, far worse.

RNC platform is an all-caps mess of Trumpian promises 'A Nation in SERIOUS DECLINE': GOP platform is an unhinged all-caps list of Trump lies ...
...

#17 | Posted by LampLighter at 2024-08-27 01:09 AM | Reply

@#13 ... Your peeps totally blew a legitimate case of criminal mishandling of classified materials. ...

Aside from the "your peeps" aspect, which I disagree with...

What evidence does your current alias have to present to substantiate it's assertion?

Or is the comment just the usual disruption attempt of your current alias?

#18 | Posted by LampLighter at 2024-08-27 01:12 AM | Reply

@#16

imo, you're being kind.

#19 | Posted by LampLighter at 2024-08-27 01:13 AM | Reply

What evidence does your current alias have to present to substantiate it's assertion?

Good question.

#20 | Posted by REDIAL at 2024-08-27 01:17 AM | Reply

LAMPLIGHTRR @ #9

"I have not a clue to that answer."

Neither do I. But it stands to reason that removing a judge from a case would require a specific cause of action.

Perhaps, for obvious reasons, that is something that might have to happen AFTER a case is reinstated. I'm sure you understand.

Also, I seem to recall at the time of Cannon's appointment, that there was only one other federal judge in that Florida jurisdiction. I don't recall his name.

#21 | Posted by Twinpac at 2024-08-27 01:23 AM | Reply

@#21 ... that is something that might have to happen AFTER a case is reinstated. ...

Yeah. That's how I view it currently.

If SC Smith wins this appeal, then that gives him an ability to file something [not sure the exact name] to have Judge Cannon removed from the case.

Whether or not he will do that, well ... I will also say that I've not a clue about his strategy in this particular case.

#22 | Posted by LampLighter at 2024-08-27 01:36 AM | Reply

LAMP

Personally, I'd like to see the whole case moved to the D.C. jurisdiction where Smith is also working on the J-6 case. But I'm naive don't know how hard and fast those rules are.

It's seems to me a federal judge can make federal decisions no matter where he or she is located. So maybe it's about the jury pool coming from a jurisdiction where the crime happened.

#23 | Posted by Twinpac at 2024-08-27 06:31 AM | Reply

It's time to end the lawfare against political opponents.

#4 | POSTED BY VISITOR_

Translation- It's time to stop holding Trumpy accountable for his actions.

Regardless of what corrupt Supreme Court judges say ...

Just because you choose to be involved in politics that does not mean you are suddenly above the law.

#24 | Posted by donnerboy at 2024-08-27 12:59 PM | Reply | Newsworthy 2

Once again JEFFJ lacking in any specifics. Oh but he's PISSED! LOL

STFU jaggoff

#25 | Posted by rstybeach11 at 2024-08-27 01:11 PM | Reply | Newsworthy 1

Once again JEFFJ lacking in any specifics. Oh but he's PISSED! LOL
STFU jaggoff

#25 | Posted by rstybeach11

Just another day in Jeff-World.

#26 | Posted by Sycophant at 2024-08-27 01:18 PM | Reply

#24 | Posted by donnerboy at 2024-08-27 12:59 PM | Reply | Flag

Biden had classified docs at the house, in the garage and at the Penn office.. You know why no one has dropped the charges against him? Because he wasn't held to the same standard. And you clowns cheer for more of it. I'm going to make a guess here, that Biden wasn't charged because those who are really in charge could use it as a blackmail item if he refused to leave office quietly. No other reason for him not being charged and you can blow the "bUt hE cOoPeRaTeD wItH tHem" response right out of your ---.

#27 | Posted by lfthndthrds at 2024-08-27 02:04 PM | Reply

What did the------------- give away for the $2 billion his favorite ------- got from the Saudis?

#28 | Posted by reinheitsgebot at 2024-08-27 02:08 PM | Reply | Newsworthy 1

Biden had classified docs at the house, in the garage and at the Penn office.. You know why no one has dropped the charges against him? Because he wasn't held to the same standard.
#27 | Posted by lfthndthrds

Because he didn't do the same thing. He immediately gave all the docs back as soon as they were discovered.

Reality check time - Is that what trump did?

#29 | Posted by SpeakSoftly at 2024-08-27 02:16 PM | Reply

It was petty vindictiveness on the part of Bide Harris to remove Trump's access.

#30 | Posted by visitor_ at 2024-08-27 02:19 PM | Reply

It was petty vindictiveness on the part of Bide Harris to remove Trump's access.

#30 | Posted by visitor_

You mean by beating him in the election?

You lose access when you're not president any more.

Tell me why trump is allowed to take classified documents, hide them, lie about them, refuse to return them, and instruct others to help him cover it up?

#31 | Posted by SpeakSoftly at 2024-08-27 02:26 PM | Reply

Because he didn't do the same thing. He immediately gave all the docs back as soon as they were discovered.

#29 | Posted by SpeakSoftly at 2024-08-27 02:16 PM | Reply | Flag:

Show me where the law specifically forgives harboring classified docs in your garage for years, if you give them back...

#32 | Posted by lfthndthrds at 2024-08-27 02:30 PM | Reply

Trump did not revoke Obama's clearance in the same mean spirited, small manner.

#33 | Posted by visitor_ at 2024-08-27 02:31 PM | Reply

Show me where the law specifically forgives harboring classified docs in your garage for years, if you give them back...

#32 | Posted by lfthndthrds

Show me anyone who thinks a guy who get pulled over for speeding and hands over his license and registration should be treated the same as a guy who gets pulled over for speeding and takes off on a high speed chase.

#34 | Posted by SpeakSoftly at 2024-08-27 02:41 PM | Reply | Newsworthy 1

Trump did not revoke Obama's clearance in the same mean spirited, small manner.

#33 | Posted by visitor_

Obama's clearance was revoked the day he left office. Same as trump.

#35 | Posted by SpeakSoftly at 2024-08-27 02:42 PM | Reply

Show me a non sequitur, falacious argument. Oh wait you did.

#36 | Posted by visitor_ at 2024-08-27 02:44 PM | Reply

The only issue here is whether or not Jack Smith was legally appointed as Special Council. The rest is just noise.

#37 | Posted by REDIAL at 2024-08-27 02:45 PM | Reply

#35 Prove it.

#38 | Posted by visitor_ at 2024-08-27 02:45 PM | Reply

" Show me where the law specifically forgives harboring classified docs in your garage for years, if you give them back..."

The part where the law requires (bad) intention.

It's why Pence wasn't charged, and why Trump, who ...

1. Lied about having them
2. Lied about giving them all back
3. Had his lawyers lie about possession
4. Still refused to give everything back
5. Enlisted others to move or hide documents.
6. Still has not explained why some are still missing ...

... is guilty as sin.

But look at you, pretending like they acted the same. What a good little toady you turned out to be!

#39 | Posted by Danforth at 2024-08-27 02:52 PM | Reply

Trump did not revoke Obama's clearance in the same mean spirited, small manner.
#33 | Posted by visitor_

When Trump won the presidency, Obama invited him to the White House and graciously accepted him as our nation's future president.

When Biden won the presidency, Trump lost his mind, incited an insurrection, refused to meet with Biden for a transfer of power and spread malicious lies that Biden and Democrats had stolen the election from him

Actions have consequences.

That's a lesson Republicans need to learn.

No president in my lifetime has been as mean spirited as Trump.

#40 | Posted by ClownShack at 2024-08-27 02:53 PM | Reply

#35, #38 speakssoftly has left the conversation.

#41 | Posted by visitor_ at 2024-08-27 02:54 PM | Reply

Trump's actions are a reflection of his treatment.

#42 | Posted by visitor_ at 2024-08-27 02:55 PM | Reply | Funny: 1

-No president in my lifetime has been as mean spirited as Trump.

Until the next republican comes along to represent the GOP running for president.

and THAT person will be more mean spirited than Trump.

#43 | Posted by eberly at 2024-08-27 02:57 PM | Reply | Newsworthy 1

Trump's actions are a reflection of his treatment.

#42 | POSTED BY VISITOR

Trump behaves according to his nature: greedy, lying, resentful, vindictive, self-glorifying.

Be honest: You people don't love Jesus but you need you some Baal.

#44 | Posted by Zed at 2024-08-27 02:59 PM | Reply

"Until the next republican comes along to represent the GOP running for president. and THAT person will be more mean spirited than Trump."

So ... next up is Alex Jones?

Thanks for the warning!

#45 | Posted by Danforth at 2024-08-27 03:02 PM | Reply | Funny: 1

Until the next republican comes along to represent the GOP running for president.
#43 | POSTED BY EBERLY

The MAGA party has become a race to the bottom of the barrel.

Hate, racism and ignorance have become virtues.

Those are your people.

Why are they all so angry and stupid?

#46 | Posted by ClownShack at 2024-08-27 03:04 PM | Reply | Newsworthy 1

The part where the law requires (bad) intention.

#39 | Posted by Danforth at 2024-08-27 02:52 PM | Reply | Flag

Which part, specifically? State it.

#47 | Posted by lfthndthrds at 2024-08-27 03:05 PM | Reply | Funny: 1

Trump's actions are a reflection of his treatment.
#42 | POSTED BY VISITOR_

Citation necessary.

#48 | Posted by ClownShack at 2024-08-27 03:06 PM | Reply

news.clearancejobs.com

Continued Access to Classified Information

Whether or not former officials keep their eligibility and access to classified information is another issue more grounded in tradition than policy. It is common for outgoing presidents and officials to be read in' on issues and topics where their prior position and expertise are useful. This is at the discretion of the current sitting president. That means that any access to classified information a former president or government official obtains has to be granted " they can't just walk into the CIA and say brief me.'

#49 | Posted by SpeakSoftly at 2024-08-27 03:07 PM | Reply

#34 | Posted by SpeakSoftly at 2024-08-27 02:41 PM | Reply | Flag

Newsflash Einstein, they're both getting tickets, but one will get more than the other.

#50 | Posted by lfthndthrds at 2024-08-27 03:08 PM | Reply

Newsflash Einstein, they're both getting tickets, but one will get more than the other.
#50 | POSTED BY LFTHNDTURDS

Yeah. The one who broke more laws will get more tickets.

Keep crying about it.

#51 | Posted by ClownShack at 2024-08-27 03:09 PM | Reply | Newsworthy 1

-Why are they all so angry and stupid?

That sounds like more of a group you belong to me. Not me.

remember.....my optimism pisses people like you off.

#52 | Posted by eberly at 2024-08-27 03:10 PM | Reply

In many districts and counties, police are not allowed to chase if the perp runs/drives away.

So given that, the person that pulled over would be treated worse.

#53 | Posted by oneironaut at 2024-08-27 03:11 PM | Reply

"they're both getting tickets"

Yeah, that's the National Archives saying "Turn them all over, now".

2 of the 3 did just that.

Trump, instead, did the six other things listed above.

#54 | Posted by Danforth at 2024-08-27 03:12 PM | Reply | Newsworthy 1

Obama's clearance was revoked the day he left office. Same as trump.
#35 | POSTED BY SPEAKSOFTLY

No it wasn't in neither case was the clearances revoked.

Newsflash Einstein, they're both getting tickets, but one will get more than the other.
#50 | POSTED BY LFTHNDTHRDS

Not in California.

#55 | Posted by oneironaut at 2024-08-27 03:15 PM | Reply

"So given that, the person that pulled over would be treated worse."

Riiiiight.

Because cops never get the license plate, and never call anyone up the road.

If caught, he's DEFINITELY treated worse.

#56 | Posted by Danforth at 2024-08-27 03:18 PM | Reply

remember.....my optimism pisses people like you off.

#52 | POSTED BY EBERLY

Um ok. Sure. It's your "optimism ".

If you say so!

#57 | Posted by donnerboy at 2024-08-27 03:23 PM | Reply | Funny: 1 | Newsworthy 1

Exactly. I interrupt your----------- pity parties with optimism....and you always freak out over it.

#58 | Posted by eberly at 2024-08-27 03:29 PM | Reply | Funny: 2

Not in California.
#55 | POSTED BY ONEIRONAUT

www.foxnews.com
(3 weeks ago)

m.youtube.com
(1 month ago)

m.youtube.com
(June 26, 2024)

www.foxla.com
(1 month ago)

No matter how many times you are shown to be an ignorant lying fool you just never give up!

Good for you. Your pooty pants would be so proud. If he actually gave a ---- about you.

#59 | Posted by donnerboy at 2024-08-27 03:32 PM | Reply | Newsworthy 1

That sounds like more of a group you belong to me. Not me.
#52 | POSTED BY EBERLY

That's cute, but you literally surround yourself with MAGAts and pretend to be one of them.

You can lie about it. But we both know you've been making excuses for republicans your whole tenure on the DR.

#60 | Posted by ClownShack at 2024-08-27 03:56 PM | Reply

you pretend you know what color shirt I wear too, I suppose.

You know nothing, little fella.

I don't know your environment even though I take jabs at you. Truck shop -------- and all that.....but I'm just ------ with you.

I'm not "surrounded" by anything nor do I have to "pretend" anything.

you have no clue.....

#61 | Posted by eberly at 2024-08-27 04:08 PM | Reply | Funny: 1

you pretend you know what color shirt I wear too, I suppose.

You wear whatever your wife buys you.

#62 | Posted by ClownShack at 2024-08-27 04:15 PM | Reply

Jack Smith just filed a superseding indictment in the DC election subversion case:

Donald Trump faces revised US indictment in election subversion case

WASHINGTON, Aug 27 (Reuters) - Donald Trump was hit by a new federal indictment on Tuesday in his bid to overturn his 2020 election defeat, with prosecutors narrowing their approach after a U.S. Supreme Court ruling that former presidents have broad immunity form criminal prosecution.

U.S. Special Counsel Jack Smith's team obtained a new indictment in the Washington case.
The revised indictment lays out the same four charges it brought against the Republican former president last year focusing on Trump's role as a political candidate seeking reelection, rather than as the president at the time.

www.reuters.com

#63 | Posted by AMERICANUNITY at 2024-08-27 04:46 PM | Reply

Newsflash Einstein, they're both getting tickets, but one will get more than the other.

#50 | Posted by lfthndthrds

If I'm respectful to the cop, I've been let go scott free far more times than I've been ticketed.

Maybe you just have a dis-likable face.

#64 | Posted by SpeakSoftly at 2024-08-27 05:14 PM | Reply

I can no longer keep track of trump's legal drama.

#65 | Posted by Tor at 2024-08-27 05:28 PM | Reply

I can no longer keep track of trump's legal drama.

#65 | Posted by Tor

That's his intention. Commit so many crimes that an orderly process to apply the law comes across as neverending persecution.

#66 | Posted by SpeakSoftly at 2024-08-27 05:43 PM | Reply | Newsworthy 2

Judge fangirl did her job.

Even with case law saying the special prosecutor was in fact properly appointed she tossed the entire case after the corrupt SCOTUS ruling.

She gummed up the slam dunk case against sh*tler until after the election. Now why would an unqualified judge toss away her reputation?

For a SCOTUS nomination.

Heck what's one more right wing justice on the SCOTUS that is on sale?

#67 | Posted by Nixon at 2024-08-27 06:34 PM | Reply | Newsworthy 1

Haha, Jeffy got asked to back up his basic troll, and disappeared, as he is wont to do.

#68 | Posted by chuffy at 2024-08-27 07:42 PM | Reply

" Which part, specifically? State it."

Pull up the law and read it.

It's your fault you're pretending intent doesn't matter.

#69 | Posted by Danforth at 2024-08-27 11:19 PM | Reply

Here it is, moron.
www.law.cornell.edu

THE FIRST FOUR WORDS exclude both Biden and Pence.

And DEFINITELY NOT Trump.

#70 | Posted by Danforth at 2024-08-27 11:24 PM | Reply

.....my optimism pisses people like you off.
#52 | POSTED BY EBERLY

Like your optimism that Roe would never be repealed?
Or your optimism that TFG's term would end just like all the others?

Your optimism is BS wishful ignorance.

#71 | Posted by TFDNihilist at 2024-08-28 08:02 AM | Reply

...they're both getting tickets...
#50 | Posted by lfthndthrds

No, the guy that ran will probably go to jail, the cooperative one might be let go with a warning.

#72 | Posted by TFDNihilist at 2024-08-28 08:05 AM | Reply | Newsworthy 1

Republicans, remember: You asked for this. Given the choice between a dozen solid conservatives and one Clinton-supporting con artist and game-show host, you chose the con artist. You chose him freely. Nobody made you do it.

#73 | Posted by lee_the_agent at 2024-08-28 09:40 AM | Reply

Suckers and losers.

#74 | Posted by LegallyYourDead at 2024-08-28 01:37 PM | Reply

Biden or Trump

#75 | Posted by Maverick at 2024-08-28 02:48 PM | Reply

A grand jury deemed charges were necessary against Trump AGAIN in this case alone!

Let that sink in, all you idiots calling this lawfare.

How many grand juries have now recommended indictments against the Trump?

#76 | Posted by rstybeach11 at 2024-08-28 02:56 PM | Reply

A grand jury deemed...
#76 | Posted by rstybeach11

Hey, crisis actors don't come cheap.

#77 | Posted by TFDNihilist at 2024-08-28 05:41 PM | Reply

@#76 ... How many grand juries have now recommended indictments against the Trump? ...

Five?

#78 | Posted by LampLighter at 2024-08-28 05:56 PM | Reply

@#78

Forgot to add, I was thinking of criminal indictments only.

#79 | Posted by LampLighter at 2024-08-28 05:57 PM | Reply

Double standard depending on what party the POTUS is from:

emptywheel
@emptywheel
One thing Jack Smith did with the superseding indictment to distinguish official from private acts was to cut everything that happened in the Oval Office (and emphasize that Trump's near-lethal tweet abt Pence was sent from private dining room).

That's a really interesting distinction given that Brett Kavanaugh, who spent years pursuing certain acts that happened within the Oval Office, in a criminal investigation of a President.

x.com

#80 | Posted by Gal_Tuesday at 2024-08-28 06:46 PM | Reply