The Challenges of Appealing The Trump Classified Documents Case

Civil Rights Policy Brief #229 | By: Rod Maggay | July 29, 2024

Featured Photo by Indy SIlva for U.S. Resist News, 2024

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Policy Summary: On July 15, 2024 Judge Aileen Cannon of the United States District Court for the Southern District of Florida dismissed the case United States v. Trump. The case was popularly known as the “classified documents” case because it pertained to Donald Trump’s retention of classified government documents after he left the White House. The basis for Judge Cannon’s order was that the appointment of Special Counsel Jack Smith violated the Appointments Clause of the U.S. Constitution. Two days later the United States Department of Justice approved and Special Counsel Smith filed an official notice of appeal. LEARN MORE

Policy Analysis: Judge Cannon’s decision to dismiss the classified documents case against former President Donald J. Trump is a difficult decision to comprehend. It is a questionable decision to understand because of the numerous legal precedents it simply sweeps aside and ignores. There are numerous legal authorities that suggest that the case should not have been decided in the manner Judge Cannon decided the case.

But Special Counsel Jack Smith’s team and the government are going to have another chance to plead their case to bring the case again as two days after the dismissal, Mr. Smith and his team filed a notice of appeal. But the appeal is not for certain and can go in different directions.

The most routine and expected way is for the appeal to go to the Eleventh Circuit Court of Appeals, which handles appeals from cases originating in Florida federal courts. The Eleventh Circuit has already heard appeals from Trump cases coming out of Judge Cannon’s courtroom and their decisions have been highly critical of decisions and rulings that Judge Cannon has made. Ever since Judge Cannon decided to ignore legal precedent and dismiss the classified documents case, many legal scholars believe that bringing an appeal to this appeals court is the best chance to overturn Judge Cannon’s order of dismissal because of their direct criticisms of how she has handled Trump’s case before. They will not be hesitant in criticizing Judge Cannon. An appeals court will likely not allow  stand a federal district court judge simply deciding to ignore settled law and decide a case contrary to what other courts have already decided with regard to the constitutionality of the appointment of a special counsel. However, one of the challenges of taking an appeal to this court of appeals is that it will likely delay the case and almost certainly will prevent the case from being tried before the November 2024 presidential election.

An alternative route that Jack Smith and his team could take is a direct appeal to the United States Supreme Court. Jack Smith had tried this before when he appealed directly to the Supreme Court in the election interference case being heard in a Washington D.C. federal court regarding the issue of presidential immunity. The Supreme Court then refused to hear this expedited appeal direct from a district trial court. Only later did the Supreme Court accept the appeal but only after the United States Court of Appeals for the District of Columbia Circuit ruled against Trump. An appeal to the high court might face similar hurdles. An appeal would certainly help expedite the case but a ruling from a conservative leaning court could complicate matters tremendously. An appeal to the highest court of the land might result in a decision that might validate Judge Cannon’s dismissal of the case and end the case completely. This is the risk of having this court with a conservative majority getting involved.

Now is just a wait and see moment. Based on information from the briefing notice from the Court of Appeals for the Eleventh Circuit, Jack Smith and his team of attorneys have until August 27th, 2024 to submit their opening brief. After that, a responsive brief from Mr. Trump and his attorneys will be due near the end of September 2024 with Mr. Smith allowed one last reply brief around the middle of October. After that, it is anyone’s guess when the appeals court will issue a ruling but almost certainly not before Election Day. LEARN MORE, LEARN MORE, LEARN MORE

Engagement Resources

• VOA News – history of special counsel investigations.
• PBS – history of special counsels with more analysis of the cases and legal issues involved.

This brief was compiled by Rod Maggay. If you have comments or want to add the name of your organization to this brief, please contact rodwood@email.com.

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