In a significant legal development, a coalition of Republican state attorneys general, including South Dakota’s Marty Jackley, is aligning with Donald Trump’s legal team in their effort to appeal a decision regarding the former president’s classified documents case. This coalition expressed their support in an amicus brief submitted to the 11th U.S. Circuit Court of Appeals, urging the court to uphold the dismissal of the indictment against Trump. The brief was spearheaded by Iowa Attorney General Brenna Bird and Florida Attorney General Ashley Moody, with Jackley and 19 other attorneys general listed as additional counsel. The context of this legal maneuver stems from Trump’s indictment on multiple felony charges linked to his alleged unauthorized retention of sensitive government documents at his Mar-a-Lago estate.
The origins of the legal battle date back to November 2022, when U.S. Attorney General Merrick Garland appointed Special Counsel Jack Smith to investigate Trump’s purported attempts to overturn the 2020 election results and his unauthorized retention of government records. However, the case encountered a major setback in July when U.S. District Judge Aileen Cannon, appointed by Trump, dismissed the indictment by ruling that Smith’s appointment was unlawful. Consequently, Smith’s legal team filed an appeal against this decision in August, escalating the legal confrontation surrounding Trump’s actions.
Trump’s defense team is pursuing a multifaceted legal argument, asserting that Smith’s appointment as special counsel was unconstitutional due to a lack of congressional confirmation. They received an unexpected boost from Judge Cannon’s ruling, which corroborated their claim. In their amicus brief, the Republican attorneys general echoed this sentiment, highlighting concerns about Smith’s authority to wield “core executive power” without the conventional oversight that federally appointed individuals typically have to the president. They pointed out the unique political dynamics at play, as Trump’s prosecution represents a historically unprecedented scenario in which a former president and current presidential candidate is facing legal challenges from the sitting administration.
The amicus brief insists on the vital importance of ensuring that individuals wielding substantial power remain accountable to the citizenry. The attorneys general stated that it is crucial to check against “unprecedented abuses of executive power,” particularly given the high stakes involved in prosecuting a candidate opposed to the current administration. Their argument frames the situation as deeply intertwined with democratic accountability, suggesting that the implications of this case extend well beyond Trump’s personal legal troubles and intersect with the broader health of American democracy.
In support of their position, the coalition of attorneys general highlighted that the processes of appointing special counsels, such as Smith, are not without precedent. They compared Smith’s appointment to that of previous special counsels, including Robert Mueller and Robert Hur, who were appointed in similar fashions during their respective administrations. Despite the commonality in the appointment process, Jackley and his fellow Republican AGs assert that Smith has overstepped his powers in his investigation and that accountability in such a highly sensitive political environment is essential for maintaining the rule of law.
The ongoing legal struggles surrounding both the classified documents case and the broader federal election interference investigation add another layer of complexity to Trump’s political landscape as he seeks the Republican presidential nomination. In addition to the dismissal of the classified documents case, the U.S. Supreme Court’s ruling in July that suggested former presidents enjoy significant immunity from prosecution further complicates the challenges facing Smith’s investigation. As the legal battles continue, the implications for Trump’s political future and the broader precedent they set for executive power remain to be seen.