Federal prosecutors are seeking to have Donald Trump’s classified documents case reinstated by an appeals court following a ruling by a district judge that dismissed the indictment. The judge, who was appointed by Trump, ruled that the appointment of special counsel Jack Smith was unconstitutional. However, prosecutors argue that the appointment was valid and properly funded, pointing to a long history of attorney generals appointing special counsels. They also cite the Supreme Court’s 1974 ruling in the United States v. Nixon case as precedent for allowing such appointments.
Prosecutors believe that if the district court’s decision is upheld, it would have wide-ranging implications for appointments across the Executive Branch. Trump and his campaign spokesman have called the cases against him “political attacks” and “witch hunts,” seeking to have them dismissed.
Trump has pleaded not guilty to charges of retaining national defense information and directing the deletion of security video at his Mar-a-Lago resort. His attorneys have attempted to delay or dismiss court proceedings in several cases until after the general election in November.
The sentencing hearing in Trump’s hush money case has been postponed to September, and a separate federal election interference case involving Trump is still in the appeals process. A trial for Trump’s indictment in Georgia related to efforts to overturn election results also won’t proceed before November due to ongoing legal challenges.
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