Special counsel seeks to resume Trump classified docs case

• Judge Aileen Cannon, a Trump appointee, threw out the classified documents case against the former president, citing the "unlawful appointment and funding of" Smith. Cannon faced intense scrutiny for how she handled the case.
• The special counsel was appointed by Attorney General Merrick Garland in 2022 to oversee two criminal investigations into Trump.

State of play: Smith's office previously appealed Cannon's decision with the 11th Circuit.

• Monday's filing with the same Atlanta-based court argues that the judge's decision "is at odds with widespread and longstanding appointment practices in the Department of Justice and across the government."
• "If the Attorney General lacks the power to appoint inferior officers, that conclusion would invalidate the appointment of every member of the Department who exercises significant authority and occupies a continuing office, other than the few that are specifically identified by statute," per the filing.

Between the lines: Even if the prosecution's case is revived, it is highly unlikely it would go to trial before the November election.

Catch up quick: Trump was charged in June 2023 with 37 felony counts as part of the Justice Department's probe into his handling of classified documents after leaving the White House.

• A superseding indictment the following month increased the counts to 40.

Go deeper: Judge dismisses Trump's federal classified docs case