Special Counsel Jack Smith notified U.S. District Judge Aileen Cannon of his next move following the dismissal of former President Donald Trump's classified documents case.
On Wednesday, Smith filed a notice of appeal of Cannon's ruling in favor of Trump earlier this week.
"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, Docket Entry 672," Smith's notice of appeal said.
Cannon on Monday issued a bombshell ruling that declared Smith's appointment as special counsel unconstitutional, effectively halting one of two federal cases against Trump. The former president faced 40 charges, accused of mishandling classified documents at his Mar-a-Lago estate in Florida.
Newsweek reached out to Trump's spokesperson via email for comment on Wednesday.
Smith's spokesperson, Peter Carr, issued a statement following the ruling by Cannon: "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. The justice department has authorized the Special Counsel to appeal the court's order."
Cannon's ruling, if upheld, could potentially affect the authority of special counsels in future investigations. The appeals process is expected to address the constitutional questions raised by Cannon's decision on the appointment of such counsels.
Trump's lawyer, Christopher Kise, on Monday celebrated the ruling from Cannon, saying, "Judge Cannon today restored the rule of law and made the right call for America."
Kise also characterized the prosecution as "baseless, lawless, and politically motivated," demanding that Smith "shut down his office, and end this unconstitutional abuse of power."
In a post to Truth Social on Monday, Trump mentioned the assassination attempt against him and responded to Cannon's ruling: "As we move forward in Uniting our Nation after the horrific events on Saturday, this dismissal of the Lawless Indictment in Florida should be just the first step, followed quickly by the dismissal of ALL the Witch Hunts — The January 6th Hoax in Washington, D.C., the Manhattan D.A.'s Zombie Case, the New York A.G. Scam, Fake Claims about a woman I never met (a decades old photo in a line with her then husband does not count), and the Georgia "Perfect" Phone Call charges."
"The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden's Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!" Trump's post added.
Updated 07/17/24, 4:53 p.m. EST: This article has been updated with further information.
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Matthew Impelli is a Newsweek staff writer based in New York. His focus is reporting social issues and crime. In ... Read more
