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You are here News Politics All eyes on Jack Smith as special counsel’s appeal combating Trump’s Mar-a-Lago case dismissal is finally set to launch

All eyes on Jack Smith as special counsel’s appeal combating Trump’s Mar-a-Lago case dismissal is finally set to launch

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Jack Smith files appealThe 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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