within hours of trump appointed judge aen Cannon dismissing Donald Trump's criminal prosecution down in Florida for unlawfully retaining classified documents obstructing justice and violating our nation's Espionage laws within hours of that dismissal special counsel Jack Smith's office issued a statement saying we will be appealing the dismissal let's talk about that it's by the 11 circuit which does lean conservative I would expect them to reverse her again either a three judge panel or for a petition for rehearing on Bon which would be the entire 11th circuit this really no precedent for what she's done and even in the unlikely scenario where the 11 circuit affirms her ruling now we have a circuit split and the Supreme Court would have to step in it's time for legal a after dark Jack Smith very busy we thought he was just needed a couple of extra days to get the ducks in a row about how he was going to address the new indictment against Donald Trump in the DC election interference case but no he also had time to file a masterful rebuke of Judge cannon in the 11th circuit telling the 11 circuit that judge Cannon fundamentally does not understand how to do her job I mean I'm paraphrasing she that she doesn't understand that the United States Supreme Court and its rulings about the legitimacy of special councils just like Jack Smith special council's office is appealing after Florida judge dismissed the classified documents case against former president Trump judge aen Canon ruled the appointment of special counsil Jack Smith violated the Constitution because Smith was never approved by Congress now the decision is Raising questions about the January 6th case against former president Trump those arguments and she appeared unconvinced by the former uh president's argu ments here that Jack Smith's appointment was unconstitutional uh clearly something has changed and we know with that Supreme Court ruling on presidential immunity Clarence Thomas had a a separate writing in that opinion where he essentially believed he stated that he believed that Jack Smith appointment was unconstitutional so I would think that judge canon in Florida could be picking up some cues from Justice Thomas there but this is all pretty shocking F will judge Cannon's recent head scratcher of a decision to force the Department of Justice special counsel and Donald Trump's office to submit competing jury instructions which are based on her fundamental misunderstanding and misapprehension of the presidential records act and how it applies if at all to the Espionage Act will that finally be the last draw to have her be reassigned by the 11th circuit her bosses at the appellant court under the fact factors they used for reassignment breaking news special counsel Jack Smith has filed an appeal in former president Donald Trump's classified documents case out of Florida he is urging the 11th District Court of Appeals to reverse judge aen can's decision to dismiss the case last month Smith argues his appointment to the case was legal and that proceedings should restart as soon as possible the conclusion one of the things that Jack Smith keeps emphasizing is the idea of Judge Eileen Cannon is on and eye that we have and he goes back decades we have long allowed for attorney generals to appoint special councils and to give them the money they need to investigate and then if the facts call for it to declare Jack Smith's appointment as special counsel invalid Trump's lawyers want judge Canon to throw out the case Trump has attacked of course just about every judge he's encountered in his legal battles except this one e Cannon who he happened to appoint the former according to a legal expert the decision of Judge aen Cannon to dismiss the federal classified documents case against Donald Trump will be reversed in court a former Federal prosecutor and legal analyst named David lad predicted in a blog post that the 11th Circuit Court of Appeals would support special counsil Jack Smith and reverse Canon's judgment there were 40 Federal accusations against Trump for allegedly mishandling classified data and trying to prevent the government from obtaining them from his Mar a logo Club in July Canon decided that these charges should be dismissed on all counts Trump entered a not- guilty plea in support of Trump's judicial nominee Canon the ex-president argued that attorney general Merrick Garland had improperly appointed Smith as special counsel in the case without Senate approval to the 11th circuit Smith has taken his case claiming that Canon's ruling was at odds with widespread and long-standing appointment practices within the justice department lat made the prediction in his original jurisdiction blog that the 11th circuit would reverse Canon's decision he mentioned that attorney Ken White had called Smith's brief very strong and completely brutal although interestingly enough it does not seek removal of Judge aen cannon from the case according to lat I adhere to my prior prediction that the 11th circuit will reverse judge Canon said he but I remain uncertain about how the Supreme Court would rule if they decide to hear the case given the strong feelings that some conservative justices have about the separation of powers and executive Authority reflected in of course their ruling in Trump versus United States aka the immunity case the Supreme Court's Landmark ruling in July that Trump enjoys limited immunity from prosecution for official acts in office could derail Smith's federal case against the former president since both parties are certain to challenge the 11th circuits ruling the classified materials case might potentially reach the Supreme Court according to Greg Jon a legal professor at Syracuse University in New York Canon's justifications for rejecting the case involving the secret materials are extremely weak but Jon also says that the Supreme Court might agree with Canon if the matter reaches that level of review there is no way to know for sure what the Supreme Court will say but given the Supreme Court's extremely broad view of separation of powers in the Trump immunity case there is a good chance that the court will agree with judge Canon that the broad unsupervised powers given to Jack Smith are unlawful and that the special Council regulation is over Brad Sheron told the publication this judgment comes after Canon made a slew of rulings in the secret papers case that seemed to favor the former president the trial was nearly certainly not going to take place before November's election because of these slow walking decisions which legal experts said should have been dismissed immediately upon taking office in January 2025 Trump should he win the 2024 election has the power to direct the Department of Justice to end the federal investigations against him Smith seems hesitant to take the required actions to remove Canon from the case despite the many requests for her removal based based on her previous findings the Department of Justice has been contacted for comment via email in its brief to the 11th circuit on August 26th Smith's office argued the attorney general has the necessary overarching authority to manage the operations of the justice department including appointing special councils without permission precedent in history confirmed those authorities as due the long tradition of special counsel appointments by Attorneys General and congress's endorsement of that practice through Appropriations and other legislation according to the report The District Court's contrary view conflicts with an otherwise unbroken course of decisions including by the Supreme Court that the attorney general has such Authority and it is at odds with widespread and long-standing appointment practices in the Department of Justice and across the government judge presided over the historic state criminal case against Donald Trump is being urged by New York prosecutors to reject his last ditch attempt to transfer the matter to Federal Court last Monday the ex-president's legal team moved to transfer the case from state to Federal Court a federal court rejected a similar attempt last year but Trump's lawyers said the US Supreme Court's ruling on presidential immunity in a separate Trump criminal case has made their argument stronger and that a judge should postpone the September 18th sentence while he evaluates the matter they also want the state court presiding over the criminal case Juan merchin to suspend the proceedings while the federal judge evaluates the matter and have maintained they need additional time to submit their reasons before his sentence thank you for for watching