US Justice Department to appeal ruling dismissing Trump documents case

The Justice Department said it would appeal the decision.

The judge found that U.S. Attorney General Merrick Garland, who named Smith in 2022 to oversee investigations involving Trump, did not have the authority "to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith."

A spokesperson for Smith said Cannon's ruling "deviates from the uniform conclusion of all previous courts" that have considered the issue. Courts have consistently found the attorney general has the authority to appoint special counsels to handle certain investigations.