(WASHINGTON) — Special counsel Jack Smith on Wednesday filed an official notice of appeal of Judge Aileen Cannon’s order dismissing former President Donald Trump’s classified documents case.
Judge Cannon, in a surprising ruling Monday, dismissed the case on the grounds that Smith’s appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.
Wednesday’s filing by Smith indicated that he will appeal the decision to the 11th Circuit Court of Appeals.
Representatives with the special counsel’s office said they would not be commenting further.
Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government’s efforts to get the documents back.
Trump has denied all charges.
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