Department of Justice special counsel Jack Smith on Wednesday filed a notice of appeal of a federal judge's dismissal of former President Donald Trump's classified documents case.
The filing comes days after U.S. District Judge Aileen Cannon, who was nominated to the bench by Trump, dismissed the sprawling case against the former president, ruling that Smith's appointment was unconstitutional.
A spokesperson for the special counsel's office declined comment beyond the filing when contacted by Spectrum News. The notice of appeal to the 11th U.S. Circuit Court of Appeals tees up a major court battle that could wind up before the U.S. Supreme Court.
Cannon's ruling on Monday handed a major victory to Trump, who faced dozens of felony charges accusing him of mishandling classified documents after leaving office and hampering the federal government's efforts to retrieve them. Trump pleaded not guilty last year and has denied any wrongdoing.
"The Framers gave Congress a pivotal role in the appointment of principal and inferior officers," Cannon wrote in her ruling. "That role cannot be usurped by the Executive Branch or diffused elsewhere — whether in this case or in another case, whether in times of heightened national need or not."
"Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel's Smith's prosecution of this action breaches two structural cornerstones of our constitutional scheme--the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law," she added.
Cannon faced widespread scrutiny for delays in bringing the case against Trump. The case was set to go to trial in May, but it was indefinitely delayed as she reviewed motion after motion put forth by Trump's attorneys.
In a post on his Truth Social platform, Trump said the "dismissal of the Lawless Indictment in Florida should be just the first step" in moving to dismiss all the cases against hi, which he baselessly called "Witch Hunts."
"The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME," Trump charged. "Let us come together to END all Weaponization of our Justice System, and Make America Great Again!"
The decision came just days after the assassination attempt against Trump at his rally in Pennsylvania that left one person dead, two others injured and the former president with a wounded ear.
The special counsel's office indicated at the time it would appeal, saying that Cannon's ruling "deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel."
The case was one of two that Smith brought against Trump. The other, a four-count indictment accusing him of working to subvert the 2020 presidential election, was supposed to go to trial in March, but has similarly been mired in delays, with Trump claiming absolute immunity from criminal prosecution as president. The Supreme Court handed him at least a partial victory earlier this month, ruling that presidents are shielded from charges for official acts as president, though unofficial acts are not covered. The case now gets handed back to a lower court to determine if the charges still fit the bill under the high court's ruling.
Trump was separately convicted in New York in May of 34 felony counts of business fraud over hush money payments to an adult film star. Another state case against Trump, one accusing him and several allies of taking part in a criminal conspiracy to subvert Georgia's election results, has been delayed as defendants try to remove the prosecutor in the case.