(NewsNation) — Special counsel Jack Smith is appealing a judge’s decision to dismiss the classified documents case against former President Donald Trump.
Smith filed the notice to appeal Wednesday following Monday’s decision from Judge Aileen Cannon to dismiss the case on the grounds that Smith’s appointment was unconstitutional.
The case was one of four against Trump. He was found guilty of 34 felonies in a business fraud case in New York and two election interference cases against him, one federal and one in Georgia, are currently in legal limbo.
Cannon sided with arguments from Trump’s defense team, ruling that under the Appointments Clause of the Constitution, officials must be confirmed by the Senate. Smith was appointed under a Justice Department rule that allowed for the appointment of a special counsel to handle politically sensitive investigations.
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The case centered around allegations Trump had illegally retained classified documents after leaving the presidency and taken them to Mar-a-Lago. Prosecutors said Trump failed to cooperate with attempts to retrieve the documents by the National Archives under the Presidential Records Act.
The documents were eventually recovered after an FBI search.
Trump, as well as others employed by him, faced felony charges under the Espionage Act and for obstruction of justice.
During pretrial hearings, Cannon spent significant time pouring over legal arguments from both sides. Earlier in the year, she indefinitely delayed the case as she examined arguments regarding how evidence that included classified material would be handled during the trial.
The slow speed led some to suggest that Cannon, a Trump appointee, was either incompetent, too inexperienced to handle such a high-profile case or helping Trump’s team succeed in pushing the trial back until after the November election.
Smith is appealing the decision to the 11th Circuit Court of Appeals, which has previously reversed some of Cannon’s rulings during the pretrial process.
The legal argument leading to the dismissal is unrelated to the recent Supreme Court decision that ruled presidents have immunity for official acts. Trump has used that ruling to appeal his conviction in New York.
In the federal election case against Trump, Judge Tanya Chutkan is now tasked with reviewing the case and determining whether the Supreme Court’s decision means some charges or evidence are no longer admissible.
The elections interference case in Georgia is also in the appeals process, with Trump’s team appealing a decision to allow Fulton County District Attorney Fani Willis to remain on the case after special prosecutor Nathan Wade stepped aside.
Trump’s team had argued for Willis’ removal, alleging impropriety because she had a previous romantic relationship with Wade.
Given the legal challenges facing the cases, it is unlikely any of the three remaining cases will make it to court before November if they get to trial at all.
