Smith requests Mar-A-Lago documents case be reinstated

The 58-page filing is the first word from Smith since he pledged to appeal a ruling from Cannon that sided with Trump in questioning the legal basis for his appointment as special counsel, as well as his office’s funding.

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The brief does not otherwise call for Cannon to be removed from the case — though the 11th Circuit Court of Appeals is free to do so independently.

  The Hill

I wouldn't expect it to.

“The Attorney General validly appointed the Special Counsel, who is also properly funded. 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,” Smith’s team wrote.

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Because the Nixon case “expressly addressed” the special counsel issue, they argued, “the district court was not entitled to cast aside carefully considered, unequivocal language from a unanimous Supreme Court.”

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“The district court’s rationale could jeopardize the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch,” prosecutors wrote.

The filing spends just one paragraph addressing Cannon’s conclusion that the funding to Smith’s office was likewise unlawfully granted, arguing her decision on the legality of his appointment underpinned that determination.

“Because its premise was wrong, so was its conclusion,” they wrote.