Special counsel Jack Smith has asked a federal appeals court to reinstate the criminal case against Donald Trump for illegally keeping classified national security documents after his presidency ended. The case was dismissed last month by federal Judge Aileen Cannon, who ruled Attorney General Merrick Garland had no authority to appoint Smith as a special counsel. In a brief, Smith argued Cannon’s decision ignored decades of Supreme Court precedent and misconstrued the statutes that authorized the special counsel’s appointment.
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