The special prosecutor wants to relaunch the prosecution against the former president.

The case of Donald Trump's secret White House documents may not be over. Special prosecutor Jack Smith asked a U.S. federal appeals court on Monday to overturn a magistrate judge's decision to dismiss proceedings against the former president in the case.

In his written arguments, Jack Smith criticizes Florida District Judge Ellen Cannon for getting it wrong on all counts when she ruled July 15 that her appointment as special prosecutor in the case and the funding of her work violated parts of the Constitution that address corruption, appointments and expenditures.

With this decision, she is “It departed from the Supreme Court’s formal jurisprudence, misinterpreted the laws authorizing the appointment of special prosecutors, and failed to take adequate account of the longstanding tradition of special prosecutors being appointed by the justice ministers.”narrates.

“His logic could jeopardize the Justice Department’s established performance and cast doubt on hundreds of appointments within the executive branch.”including defense, diplomacy or treasury, adds Jack Smith.

Trial unlikely before presidential election

The defense now has 30 days to respond, and then the special prosecutor will have three weeks to formulate a counterargument. However, even if the appeals court rules in favor of the attorney general, a potential trial of Donald Trump is unlikely to take place before the November 5 presidential election, in which the Republican candidate will face Democrat Kamala Harris.

In the case — one of four criminal proceedings targeting Donald Trump — the former US president was accused of endangering national security by keeping the documents, including military plans or information related to nuclear weapons, after he left office, instead of turning them over to the National Archives as required by law. He was also accused of attempting to destroy evidence. The heaviest charges carried a penalty of 10 years in prison.

Without ruling on the merits of the case, Judge Cannon relied specifically on the position expressed by conservative Supreme Court Justice Clarence Thomas in the unprecedented ruling the nation's highest court issued on 1^any July, the President of the United States was granted broad criminal immunity.

Judge Thomas, in a separate concurring opinion, had challenged the legality of Mr. Smith’s appointment in another case, the federal proceedings against Donald Trump for his attempts to illegally overturn the results of the 2020 election.