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Special Prosecutor Appeals Judge's Decision to Cancel Trump Prosecution Over Classified Documents

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Special prosecutor Jack Smith has appealed a federal judge's decision to cancel the prosecution of former US President Donald Trump for withholding classified documents. This legal battle, centered around the Mar-a-Lago papers, could ultimately reach the Supreme Court.


Special prosecutor Jack Smith has appealed a federal judge's decision to cancel the prosecution of former US President Donald Trump for withholding classified documents. The appeal was filed on Wednesday, July 17, in Atlanta, following Judge Aileen Cannon's ruling on Monday that dismissed the proceedings against Trump in Florida.

Judge Cannon, appointed by Trump during his presidency, ruled that the appointment of special prosecutor Jack Smith was illegal. She argued that the appointment and funding of Smith, who was appointed in 2022 by Justice Minister Merrick Garland, violated sections of the Constitution related to the role of Congress in appointments and expenses. This decision was welcomed by Trump, who called for the cancellation of the three other criminal proceedings against him.

Trump was accused of compromising national security by keeping classified documents, including military plans and information on nuclear weapons, at his residence after leaving the White House. He was also accused of attempting to destroy evidence in the case. The charges could have resulted in up to 10 years in prison.

The Mar-a-Lago classified papers case began with the FBI's search of Trump's mansion in Palm Beach, Florida, on August 8, 2022. Trump faced multiple charges, including conspiracy, obstruction of justice, and violations of the espionage law. The documents, which legally belong to the National Archives, contained sensitive information crucial for national defense.

Smith's appeal argues that the judge's decision to dismiss the case broke with all previous precedents, which have upheld the validity of special prosecutors appointed by the Department of Justice without Senate confirmation. Prosecutors contended that even if there was a formal defect in Smith's appointment, the appropriate response would not be to dismiss the entire proceeding.

The case's resolution could ultimately reach the Supreme Court, which has a conservative majority that has previously favored Trump in several decisions. Trump has been formally named the Republican Party's candidate for president at the convention held this week in Milwaukee. If re-elected, Trump could potentially have the charges dropped.

The delays in the case, largely attributed to Judge Cannon's rulings, will likely prevent the trial from commencing before the November 5 elections. Critics have accused her of dragging out the proceedings and processing motions slowly. The appeals court had previously unblocked the investigation, delivering a legal blow to both the judge and Trump's lawyers.

  • The Mar-a-Lago classified papers case has been a significant legal battle for former President Donald Trump. The FBI's search of his Florida mansion in August 2022 marked a pivotal moment, leading to multiple criminal charges.
  • Special prosecutor Jack Smith's appointment by Justice Minister Merrick Garland in 2022 was a critical point of contention. Judge Aileen Cannon's ruling that the appointment violated the Constitution has been a major victory for Trump, who has consistently denied any wrongdoing.
  • The case has seen numerous legal maneuvers, with Trump's legal team attempting to halt proceedings through various motions. The delays have been criticized, with accusations that Judge Cannon has favored Trump in her decisions.
  • The appeals process initiated by Jack Smith could see the case reach the Supreme Court, where Trump's legal strategies have found support in the past. The outcome of this appeal will be closely watched, especially with Trump's recent nomination as the Republican Party's presidential candidate.
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Refs: | EL PAÍS | Merkur | Le Figaro |

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