Jack Smith's new filing in docs case could signal an 'appeal is coming': experts

Special counsel Jack Smith may be readying for an appeal if notice of court filings is any indication.

Judge Aileen Cannon refused to rule on major issues last week during the hearing between Smith and Donald Trump.

Anna Bower and Ben Wittes explained that while those decisions await, questions remain about what Smith's next steps will be.

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In a recent filing, Smith told Judge Cannon that he would urge her to reconsider releasing the witness list to the public, warning that Trump's followers can attack the witnesses and make their lives miserable. In a polite, legal manner, Smith said he would appeal if she didn't reconsider.

New York Times legal reporter Alan Feuer discovered two filed notices on Wednesday, saying that new postings from the court's docket may indicate that the appeal is coming.

"Two new Jack Smith prosecutors have filed notices in the classified docs case. James Pearce's name may show up Thursday on the government's opposition to Trump's motions to dismiss," wrote Feuer on X. "But Cecil VanDevender has been handling appellate issues for Smith. Could an appeal be coming?"

Legal analyst Allison Gill agreed, "Might be in preparation for her ruling on unsealing the witness list and testimony. Jack Smith said he would appeal to the 11th circuit if she didn’t overturn her own unsealing order."