Federal prosecutors asked an appeals court Monday to restore Donald Trump’s classified documents case, pushing back on the former president‘s claims that Jack Smith’s appointment as special counsel violated the Constitution.
“The Attorney General validly appointed the Special Counsel, who is also properly funded,” Assistant Special Counsel James Pearce, a member of Smith’s team, wrote in a brief filed with the 11th U.S. Circuit Court of Appeals. “In ruling otherwise, the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels.”
