Jack Smith withdrew from his appeal of the lawfare classified documents case against Trump and handed it over to the US Attorney’s Office in Florida on Monday.
“The Special Counsel has now referred this case to the United States Attorney’s Office for the Southern District of Florida, which has separately entered an appearance,” Jack Smith wrote.
JUST IN: The special counsel’s office has handed off the remnants of its Trump case in Florida to the US attorney’s office. pic.twitter.com/fM8JaT0VwD
— Kyle Cheney (@kyledcheney) December 30, 2024
Last month Jack Smith asked a federal appeals court to pause the classified documents case against President Trump.
Smith’s latest request comes after he asked Judge Tanya Chutkan to pause the January 6 case against Trump.
In July Special Counsel Jack Smith appealed Judge Cannon’s decision to toss the classified documents case to the 11th Circuit Court of Appeals.
Judge Aileen Cannon over the summer dismissed Jack Smith’s classified documents case based on unlawful appointment and funding of the special counsel.
The charges waged against Trump and his co-defendants Walt Nauta and Carlos De Oliveira were all tossed.
Jack Smith indicted Trump on 37 federal counts in Miami in June 2023 for lawfully storing presidential records at his Mar-a-Lago estate which was protected by Secret Service agents.
Trump was charged with 31 counts under the Espionage Act of willful retention of national defense information and 6 other process crimes stemming from his conversations with his lawyer.
Judge Cannon dismissed the ENTIRE case: “The clerk is directed to close this case,” Cannon wrote.
Cannon dismissed Jack Smith’s case based on both unconstitutional elements: The appointment by US Attorney Merrick Garland and the unlimited funding given to Jack Smith – both without the approval of Congress.
Jack Smith previously appealed Cannon’s dismissal to the 11th Circuit Court of Appeals but withdrew his case on Monday and handed the case over to federal prosecutors.
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