What's next in Donald Trump's classified documents case in Fort Pierce?

FORT PIERCE - Donald Trump's criminal classified documents case was thrown out Monday but that doesn't mean the former president will never again appear at the Alto Lee Adams Sr. U.S. Courthouse downtown.

That largely depends on the outcome of an expected appeal that could drag out for months, or longer.

Within hours of Monday’s ruling issued by U.S. District Judge Aileen M. Cannon, the Justice Department authorized an appeal by special counsel Jack Smith, who in June 2023 brought criminal charges against Trump and two of his employees, Waltine Nauta and Carlos De Oliveira.

In her 93-page order, Cannon agreed with Trump, who nominated her for the federal bench, that Smith's appointment in the case by U.S. Attorney General Merrick Garland in 2022, violated a provision of the Constitution that requires “Officers of the United States” to be appointed by the president and confirmed by the Senate. Cannon wrote that Smith needed to be appointed that way unless Congress enacted a law that authorized the appointment.

The three times Trump came to Fort Pierce to attend hearings - once in February and twice in March - he was greeted by throngs of enthusiastic supporters carrying huge Trump flags, banners and signs standing along South Fifth Street behind the courthouse, waiting to catch a glimpse.

Trump was charged with mishandling classified documents, including by willfully retaining national defense information after his presidency. Those documents allegedly included information on U.S. and foreign military capabilities.

Some legal experts have said Smith may try to get Cannon removed from the case, meaning it would not return to Fort Pierce and instead be assigned to a federal judge seated in West Palm Beach.

That’s because Cannon is the only U.S. district judge assigned to the federal courthouse in Fort Pierce, the northernmost outpost of the South Florida district that includes West Palm Beach, Fort Lauderdale and Miami.

But a lot has to happen before Trump might be summoned to return to the district court related to the classified documents criminal allegations.

What happens next?

Smith's expected appeal could drag on for months or more than a year, particularly if the Supreme Court decides to weigh in.

Smith will need to first appeal to the U.S. Court of Appeals for the 11th Circuit in Atlanta within 30 days. It will likely take months for that court to get briefs from both Smith and Trump, potentially hold oral arguments, and then issue a decision.

If the appeals court overturns Cannon's ruling, the case could be sent back to her for further litigation or it could be returned with a mandate to assign the case to a different judge.

If the Supreme Court takes the issue up, which is at the discretion of the justices, at a minimum, the appeal would probably drag on for months.

That drawn-out timeline may only be relevant if Trump doesn't become president. The Justice Department concluded in a 2000 memo that sitting presidents may not be indicted or criminally prosecuted while in office.

If Trump becomes president in January, questions about the fate of his classified documents case could become moot for years at least. Trump could − in a move that his opponents would likely call an assault on the rule of law − order the Justice Department to drop the charges, and fire any attorney general who refuses to do so.

USA Today contributed to this story.

Overdose intervention: PSL police job focuses on getting addicts help, not putting them behind bars

Our View: TCPalm Editorial Board recommendation 2024: St. Lucie County sheriff

Melissa E. Holsman is the legal affairs reporter for TCPalm and Treasure Coast Newspapers and is writer and co-host of "Uncertain Terms," a true-crime podcast. Reach her at  melissa.holsman@tcpalm.com. If you are a subscriber, thank you. If not, become a subscriber to get the latest local news on the Treasure Coast.

This article originally appeared on Treasure Coast Newspapers: What happens next in Trump's classified documents case in Fort Pierce?