How Jack Smith might get Donald Trump's classified docs charges reinstated

Former President Donald Trump's criminal classified documents case was dismissed Monday, but that doesn't mean it's over. Within hours of the ruling, the Justice Department authorized an appeal, and several legal experts said special counsel Jack Smith may even try to get federal Judge Aileen Cannon off of the case.

Cannon agreed with Trump, who nominated her for the federal bench, that Smith's appointment in the case violated a provision of the Constitution that requires “Officers of the United States” to be appointed by the president and confirmed by the Senate. Cannon wrote that Smith needed to be appointed that way unless Congress enacted a law that authorized the appointment.

Several legal experts characterized the ruling as a major outlier, arguing the decision contradicts a series of past court rulings approving special counsel appointments.

Cannon has issued a series of controversial pro-Trump rulings in the case, and received a sharply-worded rebuke on appeal.

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