The appeal, filed in the Southern District of Florida on Wednesday, argues against Cannon’s conclusion that Smith’s appointment by U.S. Attorney General Merrick Garland to prosecute Trump is unconstitutional because it did not go through Congress. Cannon, who was appointed by Trump, also claimed that Smith’s office was improperly funded by the Justice Department.
Peter Carr, a spokesman for Smith’s office, said in a statement released immediately following Cannon’s ruling that her decision breaks from how special prosecutors have previously and legally been appointed.
“The dismissal of the case 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,” Carr said.
He said Smith’s office is not offering further comment in a statement that announced the special counsel’s appeal.
Trump faced 40 charges that accused him of illegally mishandling classified records after leaving the White House and of trying to obstruct the government’s efforts to recover them from his Mar-a-Lago estate in Florida. He pleaded not guilty to all charges.
Trump, reacting to Cannon’s decision on Monday, said it was a “first step” toward “Uniting our Nation” in a Truth Social post. He called for his other legal cases to be dismissed as well.
Smith’s indictment could be reinstated if successfully appealed by prosecutors, though it’s not likely to go to trial before the November presidential election.
