Special counsel Jack Smith has been consulting with other officials inside the Justice Department about the case, which accuses Donald Trump of leading a conspiracy to overturn the 2020 election.
Special Counsel Jack Smith is appealing a judge's order over the classified documents case against Trump, which was dismissed over his own appointment.
The classified documents trial had been scheduled to begin May 20. But months of delays had slowed the case as prosecutors pushed for the trial to begin before the November presidential election
The former president's lawyers cited the Presidential Records Act in asking that the government's case be dismissed. Judge Aileen Cannon denied the motion — clearing the way for it to proceed.
