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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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Nature: Prairie chickens in South Dakota

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Nature: Prairie chickens in South Dakota




Nature: Prairie chickens in South Dakota – CBS News

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We leave you this Sunday morning with prairie chickens and sharp tail grouse near Ft. Pierre, South Dakota. Videographer: Kevin Kjergaard.

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Democrats fail to field candidates for a majority of South Dakota legislative seats

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Democrats fail to field candidates for a majority of South Dakota legislative seats


(SOUTH DAKOTA SEARCHLIGHT) – Democrats are running for 46 of South Dakota’s 105 legislative seats — leaving 56% of seats without a Democratic candidate.

That doesn’t bode well for the party ahead of November, said Michael Card, professor emeritus of political science at the University of South Dakota.

“It doesn’t put them in a position to actually put forward their ideological policy preferences and have much of a success at getting those enacted,” Card said.

In the state Senate alone, Democrats have failed to field a candidate for 22 seats, which is nearly two-thirds of the chamber. In the House, Democrats have failed to field a candidate for 38 seats, which is 54% of the chamber.

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There is only one Democratic legislative primary in the state: a state Senate race in District 26, which includes the Rosebud Reservation.

There are no statewide Democratic primaries, after announced candidates for governor and U.S. House dropped out or failed to gather enough petition signatures to make the ballot, leaving one Democrat in each of those races.

Statewide candidates will have less name recognition than Republican candidates ahead of the general election, since they didn’t have primaries, Card said. In the Legislature, Card said Democrats “are guaranteeing they won’t get a majority.”

In contrast, Republicans have primary races for governor, U.S. House and U.S. Senate. Five legislative districts do not have Republican primaries, but do have Republican candidates. There is a Republican candidate running for every legislative seat, except for one House seat in District 27, which includes the Pine Ridge Reservation.

Card said there are several factors leading to poor candidate turnout among Democrats, including a self-fulfilling cycle of failure.

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“A lack of winning makes fewer people willing to take a chance on running for office,” Card said. “Why run if I think I’m going to lose?”

Democrats haven’t held a statewide office since 2015, and they haven’t held a majority of either legislative chamber since 1994.

Joe Zweifel, deputy executive director of the South Dakota Democratic Party, said the organization worked “really, really hard” to convince Democrats to run for office.

“But you can’t force people to run for office,” said Zweifel, of Sioux Falls, who’s running for a legislative seat himself in District 12.

He’s heard the open seats called a “failure.” But he disagrees, choosing to focus on the Democrats who did step forward.

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“We’re running quality, good candidates in those races,” Zweifel said.

The South Dakota Democratic Party hopes to build on legislative successes, such as a new law from Rep. Kadyn Wittman, D-Sioux Falls, that commits state funding to cover the family portion of reduced-price school meals.

“That specifically is a return on investment for our donors, and it shows that Democrats are doing good things for the people of South Dakota,” Zweifel said.

Wittman’s success helped inspire Democratic District 13 House of Representatives candidate Ali Rae Horsted, of Sioux Falls, to take a second run at the Legislature. Horsted ran unsuccessfully for the Senate against Sen. Sue Peterson in 2024, garnering 42% of the vote.

Horsted plans to build on that success and the name recognition she already has in the district. She hopes she’ll have “better odds” in this election, since there are two House seats for every district.

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Horsted said it would better serve South Dakota if the state had a more balanced Legislature. While the latest Legislature was 92% Republican, 52% of voters in South Dakota are Republican. South Dakota has the lowest percentage of Democrats, 7.6%, in the Legislature nationwide.

“I think it’s important that people have options on the ballot,” Horsted said, “and people are able to vote for candidates that represent their values and their vision for the future of South Dakota.”

Makenzie Huber is a lifelong South Dakotan who regularly reports on the intersection of politics and policy with health, education, social services and Indigenous affairs. Her work with South Dakota Searchlight earned her the title of South Dakota’s Outstanding Young Journalist in 2024, and she was a 2024 finalist for the national Livingston Awards.

South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Copyright 2026 KOTA. All rights reserved.



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From Big Ideas to Better Places: Building Livable Communities Across South Dakota

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From Big Ideas to Better Places: Building Livable Communities Across South Dakota


From East River to West River, South Dakota communities share a common goal: creating places where people of all ages can live, work and thrive. AARP’s Domains of Livability provide a framework to help communities do just that. Through the AARP Community Challenge grant program—designed to spark quick, impactful local projects—South Dakota communities are turning big ideas into visible, people-centered improvements.

Read the South Dakota Community Challenge Grant Report, which showcases grant-funded projects across the state designed to build more livable communities.

What Are AARP’s Domains of Livability?

AARP’s approach to livable communities is rooted in eight interconnected domains that together support quality of life at every age:

  1. Outdoor Spaces and Buildings – Safe, accessible parks, streets and public buildings
  2. Transportation – Affordable, accessible options for getting around
  3. Housing – A range of choices that support independence
  4. Social Participation – Opportunities to connect, learn and have fun
  5. Respect and Social Inclusion – Communities that value people of all backgrounds and ages
  6. Civic Participation and Employment – Meaningful ways to engage and contribute
  7. Communication and Information – Clear, accessible ways to stay informed
  8. Community Support and Health Services – Access to services that support well-being

These domains work best when addressed together—something South Dakota communities are embracing.

bike lane in neighborhood being separated by wire

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Turning Vision into Action with Community Challenge Grants

AARP Community Challenge grants fund short-term, “quick-action” projects that can ignite long-term change. Across South Dakota, these grants have helped communities pilot ideas, build momentum and demonstrate what’s possible when residents put people first.

Here’s how local projects are bringing the Domains of Livability to life:

  • Outdoor Spaces and Buildings: Communities have used grants to enhance parks, create pop-up public spaces, add benches and shade and install wayfinding signs. These improvements invite people to linger, gather, and enjoy shared spaces—supporting both physical activity and social connection.
  • Transportation: Small, thoughtful transportation projects can make a big difference. Community Challenge grants have supported safer crossings, improved walkability and bikeability around key destinations and the planning or installation of transit amenities like shelters and seating—especially important for older adults and people with mobility challenges.
  • Housing and Community Support: Some projects focus on helping residents age in place by improving access to information about home modification resources or by testing neighborhood-level solutions that connect people to services. These efforts strengthen independence and peace of mind.
  • Social Participation and Inclusion: Murals, community events and creative placemaking projects funded by AARP grants have sparked community pride and social connection. By involving residents in design and implementation, these projects foster respect, inclusion and a strong sense of belonging across generations.
  • Communication, Civic Participation and Opportunity: From hosting community conversations to creating new tools for sharing local information, South Dakota communities are using grants to engage residents in shaping their future. These efforts elevate local voices and encourage ongoing civic participation.



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