Special counsel files new indictment against Trump

WASHINGTON (NEXSTAR) – Federal prosecutors have asked an appeals court to restore former president Donald Trump’s classified documents case, pushing back on the judge who dismissed the case. 

Special counsel Jack Smith is putting former president Donald Trump’s classified documents case back in the spotlight. 

Smith filed an appeal to have the case reopened.

In July, U.S. District Judge Aileen Cannon ruled Attorney General Merrick Garland’s appointment of the special counsel was unconstitutional.

Zack Smith with the Heritage Foundation says this ruling is about the special counsel’s power. 

“In terms of the arguments presented to Judge Cannon, she made a very compelling case,” Smith said.

Special counsel Smith argued that Judge Cannon made a series of errors when she dismissed the case in July. 

“Judge Cannon has been slow walking this case very conspicuously and has made a number of very strange and unprecedented rulings, including the one at issue here,” said Georgetown law professor David Super.

David Super, a Georgetown law professor, says he believes the decision will be overturned. 

“This will bring the case back up to the appeals court, which has previously reversed her and is almost certain to do so again,” Super said. 

Despite a history of special counsels in the country, Zack Smith says Jack Smith’s appointment is different. 

“Many of those other special counsels have been presidentially appointed and Senate confirmed,” Smith said. 

In a statement Monday, the Trump campaign said, “Not only should the dismissal of the lawless indictment in Florida be affirmed but be immediately joined by a dismissal of all the witch hunts.”

Super says it is unlikely we will see a trial this year.