Jack Smith to Appeal Dismissal of Classified Documents Case Against Donald Trump

Special Counsel Jack Smith is now poised to appeal a federal judge’s dismissal of the case against former President Donald Trump (R) for allegedly storing and mishandling classified documents at Mar-a-Lago in Florida.

In a statement released Monday, a spokesperson for Special Counsel Smith explained that the Justice Department has now authorized Smith to appeal this decision.

“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,” said spokesman Peter Carr. “The Justice Department has authorized the Special Counsel to appeal the court’s order.”

Smith’s appeal will be heard by the 11th Circuit Court of Appeals out of Atlanta, although the case may ultimately make its way to the Supreme Court.

In the ruling released Monday, U.S. District Judge Aileen Cannon asserted that Smith’s appointment violated the Appointments Clause of the Constitution.

[RELATED: Classified Documents Case Against Donald Trump Dismissed by Federal Judge in Florida]

Judge Cannon argued that the Appointments Clause serves as an important tool for maintaining the separation of powers and the process by which the Special Counsel was appointed usurps this division of authority.

She goes on to explain that federal law, as currently written, does not authorize the Attorney General to grant someone the broad powers entrusted to Special Counsel Smith.

In other words, she found that there was no constitutional authority Smith’s office to exist, let alone to bring charges against former President Trump.

Smith was appointed in late-2022 by Attorney General Merrick Garland from “outside the United States Government” to serve as Special Counsel. Consequently, he “was not nominated by the President or confirmed by the Senate.”

Contrary to the arguments advanced by Cannon, other courts have affirmed the Attorney General’s authority to appoint special counsels.

Cannon’s ruling comes two days after the former president was the target of an attempted assassination that left one rally attendee dead and two other injured.

[RELATED: TRUMP ASSASSINATION ATTEMPT — Bloody Don Fist Bumps After Shooter Fires at PA Rally]

President Joe Biden (D) reacted to Cannon’s ruling in an interview with NBC News’ Lester Holt.

“I’m not surprised,” said President Biden. “It comes from the immunity decision the Supreme Court ruled on. Clarence Thomas, his dissent said that independent prosecutors appointed by the attorney general aren’t legit. That’s the basis of what this judge moved to dismiss.”

The opinion authored by Justice Clarence Thomas referenced by Biden in this statement was a concurring, not dissenting, opinion from the presidential immunity decision released earlier this month.

If convicted of the charges in the case appealed by Smith, the former president faces up a maximum prison sentence of at least 100 years and millions of dollars in fines. Trump has plead not guilty on all counts.

In TruthSocial post Monday, the former president reacted to the dismissal, arguing that Cannon’s ruling ought to be a “first step” and advocated for all other cases against him to be dismissed as well, referring to them as “Witch Hunts.”

“The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden’s Political Opponent, ME,” he wrote. “Let us come together to END all Weaponization of our Justice System, and Make America Great Again!”

Cannon was appointed by Trump and confirmed by the Senate in November of 2020.