Special Counsel Jack Smith makes a statement to reporters about the 37 federal charges returned by a grand jury in an indictment of former U.S. President Donald Trump on charges of unauthorized retention of classified documents and conspiracy to obstruct justice as Smith speaks at his offices in Washington, U.S. June 9, 2023.
Leah Millis | Reuters
Special counsel Jack Smith on Wednesday filed a notice appealing the decision earlier this week by a Florida federal Judge Aileen Cannon dismissing the criminal classified documents case against former President Donald Trump.
Smith’s appeal, which was expected, will be heard in the 11th Circuit U.S. Court of Appeals in Atlanta, which reviews cases arising from Florida federal courts.
Cannon in a ruling Monday tossed out the case against Trump after finding that the appointment of Smith as special counsel to prosecute cases involving the former president violated the appointments clause of the U.S. Constitution.
Peter Carr, a spokesman for Smith, said, “We have no comment beyond the filing itself at this time.”
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