Appeals judge sets deadline for brief as Trump document case transitions to Atlanta

ATLANTA — As Special Counsel Jack Smith’s appeal in the classified documents case against President Donald Trump gets underway, a federal judge here in Atlanta has set a date for Smith to file his opening brief in the case.

Smith’s appeal will be heard here in Atlanta in front of the 11th Circuit Court of Appeals after U.S. District Court Judge Aileen Cannon dismissed the case earlier this month.

Cannon dismissed the case saying Smith’s appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.

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Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to get the documents back.

Thursday’s filing sets up a bit of a timeline now for the case going forward. Smith must file his brief by Aug. 27. Trump’s attorneys then have 30 days to respond to that brief. Following that, Smith had 21 days to file a reply.

If the appeals court rules in favor of Smith, then that would result in the reinstatement of the indictment against Trump and even conceivably the reassignment of the case to a different judge.

Trump has denied all charges and denounced the probe as a political witch hunt.

The Associated Press contributed to this article.

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