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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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South Dakota

Trading property tax for sales tax: Legislature moves forward with parts of homeowner relief package

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Trading property tax for sales tax: Legislature moves forward with parts of homeowner relief package


PIERRE — Two pieces of a property tax reduction package prepared by South Dakota’s legislative leadership and the executive branch are moving forward, but one bill failed during votes on Monday as lawmakers began the final week of the annual legislative session.

The House of Representatives voted

42-27

in support of

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Senate Bill 245

, which would pull future revenue from a scheduled sales tax increase from 4.2% to 4.5% next year into a relief fund for homeowner property taxes, and use nearly $56 million in one-time money to seed the fund before the sales tax increase.

The Senate supported

House Bill 1323

, which would reduce the number of petition signatures needed to force an election on a local government’s decision to levy property taxes beyond limits set by the state. The Senate passed the bill 19-15.

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Both bills have to return to the opposite chamber for consideration of amendments.

The Senate rejected

House Bill 1253

, which would cap annual assessment growth for owner-occupied homes and commercial properties at 5% annually and reset assessments back to market value every five years. The bill failed with a 9-24 vote.

The bills are part of a broader,

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five-bill legislative package

targeted at property tax relief.

Another bill

in the package, which would allow counties to implement a half-percent sales tax with proceeds going to homeowner property tax credits, is awaiting the governor’s signature after he proposed it and it received both chambers’ approval.

The legislative budget committee is scheduled to consider a fifth piece of legislation in the package on Tuesday.

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The bill

would reduce maximum property tax levies for school districts.

Sales tax bill overcomes concerns about future budget needs

SB 245 would capture revenue from the impending sales tax increase to deposit into a “homeowner property tax reduction fund” meant to reduce property taxes levied by school districts. The Legislature and then-Gov. Kristi Noem reduced the state sales tax rate three years ago but scheduled the reduction to sunset in 2027.

House Speaker Jon Hansen, R-Dell Rapids, told lawmakers on Monday that the bill would be an “investment in the people,” because it’ll give South Dakota homeowners more money to spend as they choose. Hansen, the bill’s sponsor and a candidate for governor, said that would lead to more spending and, therefore, more sales tax revenue. The state relies on sales taxes, while counties and schools rely on property taxes, and cities receive revenue from property taxes and sales taxes.

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Some opponents said the legislation would favor wealthier, property-owning South Dakotans rather than lower-income renters.

Rep. Mike Weisgram, R-Fort Pierre, speaks on the House floor at the Capitol in Pierre on March 9, 2026.

(Photo by Makenzie Huber/South Dakota Searchlight)

Rep. Mike Weisgram, R-Fort Pierre, worried that automatically diverting future state revenue to reduce homeowner property taxes would come at the cost of other priorities, such as annual funding increases for state employees, Medicaid providers and public schools — which are known as the “big three” budget priorities. Lawmakers often

aim

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to increase funding for the groups by 3% or inflation, whichever is less. An inflationary increase this legislative session would be 2.5%, according to the state Department of Education.

“We are just clawing to get 1.4% for the big three,” Weisgram said. “I don’t think any of us are proud of that.”

Hansen said the decision “is not an either-or” situation.

“We can help the property taxpayers in the state who desperately, desperately need it,” Hansen said, “and then I trust fully that this state is going to continue to grow and that we are going to be able to meet the needs of our core obligations of this state.”

The bill was introduced as an amendment to placeholder legislation last week, and it will head to the Senate for approval. The Senate narrowly rejected a

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similar proposal

earlier this legislative session.

Senate approves lower signature threshold to force election on excess taxes

The version of House Bill 1323 that passed the Senate would set the number of petition signatures needed to force an election on an excess tax levy (often called an “opt-out”) for a local government at 2,500 or 5% of registered voters within its jurisdiction, whichever is less. The current threshold to refer decisions by a local government is 5% of registered voters in the district, without a 2,500 signature cap.

The bill’s sponsor, Sen. Taffy Howard, R-Rapid City, said it will still be difficult to refer decisions by a local government to voters.

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“You’re talking dozens and dozens of volunteers, weeks of organized effort,” Howard said. “There’s not a lot of people that have been through that and can even organize that kind of effort. So it’s not a trivial bar.”

Because the bill was amended since it last appeared in the House, it’ll now go to the House for approval.

HB 1253 intended to provide South Dakota homeowners and commercial property owners predictable increases in their property assessments, which factor into property taxes they pay, over five year periods.

But opponents said the change would shift the property tax burden onto farmers and ranchers and surprise homeowners every five years when assessments would be re-based on market value, which could lead to double-digit increases in assessments.

This story was originally published on

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SouthDakotaSearchlight.com.

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Political Pulse: South Dakota Senate Majority Leader Jim Mehlhaff on data centers, property taxes and more

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Political Pulse: South Dakota Senate Majority Leader Jim Mehlhaff on data centers, property taxes and more


RAPID CITY, S.D. (KOTA) – State Senate Majority Leader Jim Mehlhaff joined Political Pulse over the weekend.

Mehlhaff weighed in on property tax proposals, data centers, and effort to repeal the death penalty and speculation that Kristi Noem could run for Senate.

The interviewed was taped on Saturday.

See a spelling or grammatical error in our story? Please click here to report it.

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These 15 South Dakota counties will see DUI checkpoints this month

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These 15 South Dakota counties will see DUI checkpoints this month



The monthly law enforcement effort helps to reduce alcohol-related deaths on the road.

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The South Dakota Department of Public Safety is raising awareness this month on the dangers of drinking and driving.

Sobriety checkpoints take place statewide every month, usually hitting about 15 counties, in hopes of reminding motorists to “make responsible choices and avoid driving after drinking alcohol, whether or not a checkpoint is planned in their area,” says DPS communications director Brad Reiners.

DPS also announces ahead of time which counties will be monitored, most often Codington, Lincoln, Meade, Minnehaha and Pennington counties.

What is a sobriety checkpoint?

A sobriety checkpoint is a law enforcement effort that stops vehicles at pre-determined locations to identify and arrest impaired drivers as necessary.

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These police stops are not based on unrelated violations of the law (ie., speeding, reckless driving, no seatbelt). Rather, officers are stopping any vehicle in a set pattern in a highly visible location that a driver will approach and must comply with.

Beyond arrests for driving under the influence (DUIs), including breathalyzer tests (PBTs) to determine blood alcohol level (BAC) as needed, the systematic effort is designed to “reduce impaired driving and improve roadway safety,” Reiners said.

South Dakota counties where checkpoints will take place in March include:

  • Beadle
  • Brookings
  • Brown
  • Clay
  • Codington
  • Day
  • Hughes
  • Hutchinson
  • Jones
  • Lawrence
  • Lincoln
  • Lyman
  • Meade
  • Minnehaha
  • Pennington

How many sobriety checkpoints took place in Minnehaha County in 2025?

Other than confirming counties ahead of time, Reiners says time, day and exact location of each checkpoint cannot be confirmed.

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Here’s a look at totals from sobriety checkpoints in Minnehaha County in 2025.

Reiners says the number of vehicle stops is merely based on how many happen to drive through a checkpoint that day:

  • January: 30 vehicles stopped, 3 PBTs, no DUI arrests
  • February: 18 vehicles stopped, 1 PBT, no DUI arrests
  • March: 150 vehicles stopped, 9 PBTs, no DUI arrests
  • August: 49 vehicles stopped, 1 PBT, no DUI arrests
  • September: 105 vehicles stopped, 14 PBTs, no DUI arrests
  • November: 63 vehicles stopped, 2 PBTs, 2 DUI arrests

How many fatal, alcohol-related car accidents are there in South Dakota?

According to the South Dakota Department of Health, among 365 alcohol-related deaths in 2024, 19% were because of a transportation/machinery accident, the second-most common cause.

The leading cause of alcohol-related deaths in 2024 was poisoning/toxic effects, at 24%.

Counties that most often experience overall alcohol-related deaths include Buffalo, Mellette, Corson, Oglala Lakota and Dewey counties.

Overall, males make up 65% of alcohol-related deaths in South Dakota from 2015-2024, almost two times higher than the female rate, with ages 30-69 at the highest risk.

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Operation: Prairie Thunder not involved in sobriety checkpoints

DPS officials say the S.D. Office of Highway Patrol, the South Dakota Highway Patrol (SDHP) and local law enforcement agencies support DUI checkpoints, which are funded by the South Dakota Office of Highway Safety (SDHS).

Although Operation: Prairie Thunder (OPT) recently completed its 11th saturation patrol in Watertown on Feb. 26-27 – missions that bring together the SDHP with the city, county and federal law enforcement partners – SDHS officials stated last week that “sobriety checkpoints are not conducted as part of Operation: Prairie Thunder.”

Rather, OPT consists of targeted saturation patrols focused on criminal activity in a variety of communities.

Since its inception in August of last year, here’s a look at where total numbers stand for OPT, provided by the DPS.

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Ongoing Operation: Prairie Thunder running totals

  • 443 arrests
  • 281 individuals in custody with a drug charge
  • 162 in custody without a drug charge
  • 473 individuals with a drug charge
  • 192 charged and released

Operation: Prairie Thunder criminal drug apprehension totals

  • 1,109 drug charges
  • 318 felony drug charges
  • 791 misdemeanor drug charges
  • 81 felony warrants
  • 168 misdemeanor warrants

Operation: Prairie Thunder ICE contacts

  • 93 contacted
  • 95 interviewed
  • 71 in custody
  • 9 apprehended for cartel / gang
  • 10 identified for cartel / gang
  • No human trafficking arrests
  • No recoveries

Operation: Prairie Thunder traffic enforcement

  • 42 DUIs
  • 5 reckless driving
  • 2,244 citations
  • 2,725 warnings

The South Dakota governor’s office announced last December that operations will continue into 2026.



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