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DOJ looks to revive classified documents case against Trump, argues judge’s dismissal was ‘flawed’ • South Dakota Searchlight

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DOJ looks to revive classified documents case against Trump, argues judge’s dismissal was ‘flawed’ • South Dakota Searchlight


WASHINGTON — U.S. Special Counsel Jack Smith has asked a federal appeals court to reverse the dismissal of a case alleging former President Donald Trump mishandled classified documents at his Florida home after he left the Oval Office.

The appeals process could take months, likely closing the door on any movement in the classified documents case against Trump, the 2024 Republican presidential nominee, before November’s election.

Smith argued late Monday that U.S. District Judge Aileen Cannon’s decision to toss the case was based on a “flawed” argument that Smith was illegally appointed to the office of special counsel.

Over an 81-page brief filed in the U.S. Court of Appeals for the Eleventh Circuit, Smith cited statutes and a Watergate-era Supreme Court decision to argue the time-tested legality of U.S. attorneys general to appoint and fund independent, or special, counsels.

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Federal judge dismisses Trump classified documents criminal case

“In ruling otherwise, the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels,” Smith wrote.

Further, he warned, “[t]he district court’s rationale could jeopardize the longstanding operation of the Justice Department and call into question hundreds of appointments throughout the Executive Branch.”

Cannon, a federal judge for the Southern District of Florida, dismissed the classified documents case against Trump on July 15 — two days after Trump was injured in an attempted assassination in Pennsylvania and just as the Republican National Convention kicked off in Wisconsin.

Cannon is a Trump appointee who was nominated in 2020 and confirmed by the U.S. Senate later that year.

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Trump had argued for the case’s dismissal in February.

Days before he was set to officially accept the party’s nomination for president, Trump hailed Cannon’s dismissal as a way to unite the nation following the attempt on his life in Butler, Pennsylvania.

Cannon argued Smith’s appointment violated two clauses of the U.S. Constitution that govern how presidential administrations and Congress appoint and approve “Officers of the United States,” and how taxpayer money can be used to pay their salaries and other expenses.

Smith appealed her decision just days later.

Historic classified documents case

Smith’s historic case against Trump marked the first time a former U.S. president faced federal criminal charges.

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A grand jury handed up a 37-count indictment in June 2023 charging the former president, along with his aide Walt Nauta, with felonies related to mishandling classified documents after Trump’s term in office, including storing them at his Florida Mar-a-Lago estate. A superseding indictment that added charges and another co-defendant was handed up a little over a month later.

The classified documents case is just one of several legal entanglements for Trump, who became a convicted felon in New York state court in May.

The former president also continues to face federal criminal charges for allegedly conspiring to overturn the 2020 presidential election results. That case has also been in a holding pattern for several months as Trump appealed all the way to the U.S. Supreme Court, arguing that the charges should be dropped based on presidential criminal immunity.

The Supreme Court ruled in early July that the former presidents enjoy immunity for official “core Constitutional” acts and returned the case to the federal trial court in Washington, D.C.

Smith has until the end of August to assess how the immunity decision affects the election subversion case against Trump. A pre-trial hearing is scheduled for Sept. 5.

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DOC officials touch on state of prison reform in South Dakota

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DOC officials touch on state of prison reform in South Dakota


SIOUX FALLS, S.D. (Dakota News Now) – The governor’s Correctional Rehabilitation Task Force, which aims to determine the best path forward for expanding services, will hold its second meeting on Wednesday.

The meeting will continue the dive into what programming should look like for the new prison. Officials in the Department of Corrections say they appreciate the attention to the issue shown over the year.

“The focus is in the right place. I think people are asking the right questions. I think that it’s being noticed that reentry in totality is a group effort,” Justin Elkins, DOC Chief of Behavioral Health, said.

Sitting at 43%, lawmakers and the Rhoden administration have dedicated a substantial amount of time to addressing recidivism in the state.

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“I think people are starting to see that reentry is something our department needs help within terms of collaboration and relationships. Because we only determine part of the equation when it comes to reentry,” Elkins said.

Corrections Reentry Program Manager Scott Day says this change in perspective regarding inmates is needed.

“95% of these individuals are going to come back into your community. They’re going to be your neighbors. They’re going to work at your local fast-food restaurant or at your local store. You’re going to see them walk down the street. We just need to see as a culture that these aren’t bad people; these are just people who need an opportunity to show that they can succeed.”

The prison reset task force, which focused on the structure of the new prison, ensured that programming space increased from what is currently available, even when the location changed from Lincoln County to Sioux Falls.

“There’s not a day that goes by that I don’t constantly think about what we could do more. And the new prison is needed. We need the space, we need the opportunity to get more programming in there,” Day said.

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Day says the investment into programming space is not a matter of being soft on crime but rather smart on public safety.



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Recent Farmland Sales in Illinois, Kansas, Kentucky, South Dakota

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Recent Farmland Sales in Illinois, Kansas, Kentucky, South Dakota


Link to the listing: https://www.frrmail.com/…

For more information, contact: Cory Busse, Farm & Ranch Realty, Inc., at 785-332-8345 or frr@frrmail.com

KENTUCKY, Hopkins County. Five tracts of river-bottom cropland totaling 597.9 acres sold at auction for $5.39 million, or $9,015 per acre. Tracts ranged from 16 to 255 acres, with much containing drainage tile. Soil types were primarily Karnak silty clay and loam with some Belknap and Robbs silty loam. Structures included a tool shed and a 5,000-bushel grain bin. Tracts ranged in price from $7,800 to $11,500 per acre.

Link to the listing: https://www.kurtzauction.com/…

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For more information, contact: Joseph Mills, Kurtz Auction & Realty Co., at 800-262-1204 or jmills@kurtzauction.com.

SOUTH DAKOTA, Dewey County. A contiguous, 1,529-acre farm sold to a single bidder at auction for $2,600 per acre, or $3.98 million. The property was offered in four parcels, two of which were historically in crop production (wheat, oats, corn and sunflowers) and boasted Soil Productivity Indexes of 70 or higher. Another highly productive parcel was planted in grass and alfalfa but could be converted to row crops. The remaining parcel included a blend of cropland, pasture and an updated home with a steel barn, shop, two Quonset-style buildings, continuous panel corrals and water tank.

Link to the listing: https://glcland.com/…

For more information, contact: Kristen Gill, Gill Land Company, at 701.934.2732 or 605.848.4502 or kristen@glcland.com.

**

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— These sales figures are provided by the sources and may not be exact because of rounding.

— Submit recent land sales to landwatch@dtn.com

Katie Dehlinger can be reached at katie.dehlinger@dtn.com

Follow Katie on social platform X at @KatieD_DTN

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Former South Dakota National Guard adjutant general announces bid for state house of representatives

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Former South Dakota National Guard adjutant general announces bid for state house of representatives


RAPID CITY, S.D. (KOTA) -The former top official of the South Dakota national guard under former Governor Kristi Noem has announced his campaign to become a state representative for district 33.

Jeff Marlett’s bid makes him a contender in the Republican primary for the district.

Marlett served for 36 years in the South Dakota National Guard which included combat service in Iraq and most recently spending three years as the commanding general of the national guard from 2019 to 2023.

“I’ve always considered that job, it’s not about me, it’s about the great men and women who served in the South Dakota national guard, and I got the opportunity to serve with them so, it was an honor to serve with them,” said Marlette.

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Marlette also worked as the west river director under Senator Mike Rounds and served for numerous years as a superintendent of schools for districts in South Dakota. Now Marlette wants to spend his next chapter as a state representative. He explained that he thinks people are “tired of the noise” with politics. He blamed that exhaustion on people stepping away the two major parties.

“They want people that are willing to go, and, and not think they have all the answers and not be wrapped up about, well I’m more Republican thank you are or you’re a dem o.. no, it’s not about that. It’s about looking at meaningful policy, laws if needed, but governing by what’s really truly necessary and best for South Dakota,” said Marlette.

According to a press release for Marlette, he says he will support sensible restructuring of the property tax system, a strong education system and a vibrant environment for business. Marlette said during our interview that he has mixed reviews on the 19 property tax relief proposals out of the property tax task force.

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