Special counsel Jack Smith's latest filing may be a signal that he is preparing for an appeal after U.S. District Judge Aileen Cannon failed to rule on key matters in her highly anticipated hearing last week and previously rejected Smith's bid to shield witnesses in the case.
Two prosecutors in Smith's office, James Pearce and Cecil VanDevender, submitted notices of appearance in the former president's classified documents case on Wednesday, New York Times legal reporter Alan Feuer reported.
"VanDevender has been handling appellate issues for Smith. Could an appeal be coming?" Feuer tweeted.
Just in: Two new Jack Smith prosecutors have filed notices in the classified docs case.
— Alan Feuer (@alanfeuer) March 6, 2024
James Pearce's name may show up Thursday on the govt's opposition to Trump's motions to dismiss.
But Cecil VanDevender has been handling appellate issues for Smith. Could an appeal be coming? pic.twitter.com/RPD7S9JHC8
VanDevender previously "argued the gag order at the DC Circuit; the other argued the immunity appeal at that court," MSNBC legal correspondent and former litigator Lisa Rubin pointed out on X/Twitter.
"To folks watching for when and if the Special Counsel's office will appeal a Cannon order, this could be a sign that they are gearing up for one," Rubin added.
To folks watching for when and if the Special Counsel's office will appeal a Cannon order, this could be a sign that they are gearing up for one. . . .
— Lisa Rubin (@lawofruby) March 6, 2024
It's unclear what the special counsel may be considering appealing. His team previously wrote in a filing that Cannon's decision not to shield the identity of witnesses in the case was a "clear error" and would cause "manifest injustice."
