Special Counsel Jack Smith appealed the dismissal of the classified documents case against former President Donald Trump.

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Drew Angerer/Getty Images

Special Counsel Jack Smith on Wednesday appealed the dismissal of the federal criminal case against former President Donald Trump over his handling of classified documents.

On Monday, U.S. district judge Aileen Cannon dismissed the case, concluding in her 93-page ruling that Smith’s appointment violated the U.S. Constitution. She said only Congress or the president have the power to appoint a special counsel — not a U.S. attorney general.

Smith had contested this argument, which also went against the precedent from other courts. Cannon’s opinion closely tracked reasoning from Supreme Court Justice Clarence Thomas in a recent concurrence in another case against Trump.

Smith appealed the case to the U.S. Court of Appeals for the 11th Circuit.

The special counsel’s case centered on Trump taking classified documents to his Mar-a-Lago Club in Florida, keeping them in unsecured rooms like a ballroom and a bathroom, and then refusing to return them to the government.