A new filing in the 11th Circuit appeal.
This is a riot. It's a perfectly appropriate, indeed necessary, piece of housekeeping to advise the court that the identity of one of the parties has changed. Of course it also has the effect of putting on the record a fact that strengthens the government's position, namely that this investigation is a big deal, and that Judge Cannon's order is messing with the wheels of justice.The United States hereby gives notice that John L. Smith has been appointed by the Attorney General as Special Counsel, under authorities including 28 U.S.C. §§ 509, 510, 515, and 533, in order to, inter alia, “conduct the ongoing investigation referenced and described in the United States’ Response to Motion for Judicial Oversight and Additional Relief, Donald J. Trump v. United States, No. 9:22-CV-81294-AMC (S.D. Fla. Aug. 30, 2022) (ECF No. 48 at 5-12), as well as any matters that arose or may arise directly from this investigation or that are within the scope of 28 C.F.R. § 600.4(a).” Order No. 5559-2022 (Nov. 18, 2022). The Appointment Letter signed by the Attorney General and an Appointment Affidavit signed by Special Counsel Smith are attached. Special Counsel Smith has reviewed the filings in this litigation and approves all of the arguments that have been presented in the briefs and will be discussed at the oral argument in this case. Special Counsel Smith’s name will be affixed to future pleadings filed in all matters falling within his appointment.
Lots of lawyers and others who I admire are expressing varying kinds of dismay at the special counsel appointment. I just don't see it. The appointment seems like a straightforward application of Justice Department guidelines, guidelines that seem generally reasonable. And most of the people complaining don't seem to be aware that it wouldn't make any sense for the Department to rush an indictment before it has been able to review the non-classified documents seized at Mar-a-Lago. This is not an easy, straightforward prosecution. I don't see the appointment as causing much, if any, delay.