Prosecutors are seeking to overturn Cannon’s ruling not only to resurrect the classified-documents case, but also to protect Justice Department appointments during the Trump administration and beyond. Once Trump won the election, Smith had few options to keep the two federal cases alive. He plans to resign before Trump is president, preventing Trump from delivering on his promise to fire him, people familiar with his plans have said. Smith’s motion in D.C. relies heavily on his reading of Justice Department memos from the Office of Legal Counsel on president’s criminal liability. Keeping the appeal alive with Trump’s co-defendants allows the Justice Department to possibly win a ruling that overturns the precedent set by Cannon.

Source: Washington Post November 25, 2024 18:20 UTC