In a bold move, special counsel Jack Smith has filed an appeal to the 11th Circuit Court of Appeals, challenging U.S. District Judge Aileen Cannon's unexpected dismissal of the classified documents case against former President Donald Trump.

Trump, who has pleaded not guilty to the charges, is accused of illegally keeping classified documents from his time in the White House and attempting to obstruct the government's retrieval efforts.  Cannon's decision to dismiss the case questioned the legitimacy of Smith's appointment by Attorney General Merrick Garland, arguing that Smith was not confirmed by the U.S. Senate. Critics argue that this decision goes against decades of legal precedent, as other judges and appeals courts have historically rejected similar challenges to special counsels and independently appointed prosecutors.

As U.S. attorneys, special counsels have a long-standing tradition of being appointed by the president and confirmed by the Senate. Smith, who previously worked as the acting U.S. attorney for the Middle District of Tennessee and prosecuted war crimes for the International Criminal Court at the Hague, was tapped by Garland in November 2022 to lead both the classified documents probe and the federal election interference investigation. 

Legal experts have criticized Cannon's ruling, highlighting its conflict with decades of legal precedent and appointment practices in the Department of Justice and across the government. Smith's filing characterizes Cannon's ruling as 'strained' and 'nonsensical', further quoting Supreme Court Justice Brett Kavanaugh's account of his time serving under independent counsel Kenneth Starr, emphasizing the 'deeply rooted tradition of appointing an outside prosecutor to run particular federal investigations.' 

Prior to Trump's indictment, Cannon was overruled twice by the 11th Circuit after granting Trump's attorney's request for a special master to review evidence seized during the FBI's August 2022 search of Trump's Mar-a-Lago estate and ordering a temporary halt to the halt halt to the investigation.

Legal Showdown: Jack Smith Takes on Judge Cannon's Dismissal of Classified Docs Case

Actions