Special counsel Jack Smith on Wednesday appealed U.S. District Judge Aileen Cannon's dismissal of the case involving former President Donald Trump and his alleged mishandling of classified documents, NPR reported.
The judge's 93-page order held that Smith's selection as special counsel violated the Constitution because he was named to the position directly by Attorney General Merrick Garland instead of being appointed by the president and confirmed by the Senate.
Prosecutors vigorously challenged that argument when it was raised by Trump's lawyers and filed a formal notice of appeal Wednesday to initiate the process.
In a concurring opinion in the U.S. Supreme Court's recent ruling that Trump has immunity from prosecution for official acts, Justice Clarence Thomas questioned the legality of Smith's appointment.
"We have no comment beyond the filing itself at the time," Peter Carr, a spokesperson for Smith's office, told Axios in an email.
The U.S. Court of Appeals for the 11th Circuit has overturned other Cannon rulings in the Trump classified documents case, siding with the Justice Department, according to Axios. And Trump-appointed Cannon had postponed the trial indefinitely prior to her dismissal of the case.
The indictment included dozens of felony counts accusing him of illegally hoarding classified records from his presidency at his Mar-a-Lago estate in Palm Beach, Florida, and obstructing FBI efforts to get them back. He had pleaded not guilty and denied wrongdoing.
The controversial case has been full of legal maneuvers since its inception due to the unique nature of sharing evidence that is deemed to be classified.
Defense lawyers filed multiple challenges to the case, including legally technical ones that asserted that Smith's appointment by Garland violated the Constitution's Appointments Clause because it did not go through Congress and that Smith's office was improperly funded by the Justice Department.
Information from The Associated Press was used in this report.