The first trial concerning the documents that Donald Trump stored privately and without security after his term as US President has been discontinued. Now there is a threat of a resumption.
In the document scandal, special investigator Jack Smith has asked an appeals court to reopen the criminal proceedings against former US President Donald Trump. Smith appealed against Judge Aileen Cannon’s decision to dismiss the case and filed a brief on Monday (local time).
Cannon, who was once nominated for her post by Trump himself, had stopped the proceedings in mid-July and justified the decision by arguing that Attorney General Merrick Garland had violated the Constitution by appointing special counsel Smith to investigate the case. She thereby granted a request from Trump’s lawyers.
In the brief, Smith explained, among other things, that there is a “long tradition of the appointment of special counsels” by attorneys general. Congress has approved this practice.
Possible trial against Donald Trump will probably not take place before the US election
Trump’s lawyers now have 30 days to respond to Smith’s brief. Smith then has 21 days to file a response. A possible trial of the Republican presidential candidate would most likely not take place before the presidential election on November 5.
Trump left the presidency in January 2021. In August 2022, the FBI seized thousands of government documents during a raid on Trump’s private estate, Mar-a-Lago, in Florida. According to the later indictment, these included top-secret files on national security, such as military plans and nuclear weapons. They are said to have been stored unsecured in Mar-a-Lago. US presidents are required to hand over all official documents, including emails and letters, to the National Archives when they leave office.
Special Counsel Smith not only initiated the criminal charges against Trump in the document scandal. He also secured the indictment against Trump in a federal court in Washington for his massive attempts to manipulate the election after his defeat to current President Joe Biden in 2020.
