Special counsel Jack Smith has formally begun the process of appealing a federal judge’s decision this week to dismiss the classified documents case against former President Donald Trump.
In a brief notice filed to the docket on Wednesday, prosecutors said, “The United States of America hereby gives notice that it appeals to the United States Court of Appeals for the Eleventh Circuit from the order of the District Court entered on July 15, 2024.”
District Court Judge Aileen Cannon of Florida, who was nominated to her position by Trump, tossed the case against the former president and his co-defendants in a ruling on Monday.
She agreed with defense attorneys who argued that Smith’s appointment as special counsel, done by Attorney General Merrick Garland in November 2022, was unconstitutional because it did not involve congressional approval.
Peter Carr, a spokesman for Smith,…
