Federal prosecutors are seeking to reinstate Donald Trump’s classified documents case, disputing his claims that the appointment of special counsel Jack Smith was unconstitutional. The Assistant Special Counsel, James Pearce, argued that the appointment was valid and properly funded, citing historical precedent and Supreme Court rulings.
The request comes after a district court, presided over by a Trump appointee, dismissed the indictment on the grounds of constitutional violations. The brief emphasized the long history of attorneys general appointing special counsels, dating back over a century.
The filing highlights the significance of the Supreme Court’s decision in United States v. Nixon, which upheld the enforceability of a subpoena issued by a special prosecutor during the Watergate scandal. The potential impact of upholding the dismissal on the federal government’s structure was also underscored.
Trump’s team has pushed for the dismissal of all charges, framing them as political attacks. However, federal prosecutors are adamant in pursuing the case against the former president, who faces charges related to mishandling classified information and efforts to overturn the 2020 election results.