Jack Smith, the special counsel prosecuting the federal classified documents case against Donald Trump, has appealed the case to the U.S. Court of Appeals for the 11th Circuit in Atlanta.
On Monday Judge Aileen Cannon dismissed all charges against Trump in the case, which alleges his involvement in taking classified documents with him to his Mar-a-Lago residence after leaving office.
Cannon agreed with Trump's lawyers that Smith's appointment was "unlawful" for violating the "appointments clause." In 2023, Attorney General Merrick Garland named Smith the special counsel in charge of multiple investigations involving Trump, including the classified documents probe.
Wednesday's anticipated appeal means the 11th Circuit Court will decide whether the case continues. The appeal may ultimately escalate the case to the U.S. Supreme Court and is likely to push developments in the case past the 2024 presidential election in November.
If the case continues, it may be reassigned to a different judge. If Trump is elected president, he may direct the Justice Department to dismiss the case.
This appeals court has sided with the Justice Department against Cannon in Trump's documents case before. In 2022 the court lifted a hold Cannon had placed on documents seized from Mar-a-Lago in Florida, which the Justice Department then used to prepare its charges against him.
Smith's office has not issued comment on the new appeal.
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