Special counsel Jack Smith revealed Monday that he plans to appeal the dismissal of former President Donald Trump's secret documents case by Florida Judge Aileen 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," Smith spokesperson Peter Carr said in a statement.
"The Justice Department has authorized the special counsel to appeal the court's order," the statement also said according to ABC News.
Read also: 'Time for her to go': Judge Cannon sets off firestorm after tossing Trump docs case
Monday morning, Cannon released her ruling about Smith's appointment saying: "The Superseding Indictment is DISMISSED because Special Counsel Smith's appointment violates the Appointments Clause of the United States Constitution."
"The Framers gave Congress a pivotal role in the appointment of principal and inferior officers," Cannon wrote in an extensive response to the motion. "That role cannot be usurped by the Executive Branch or diffused elsewhere -- whether in this case or in another case, whether in times of heightened national need or not."
"Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel Smith's prosecution of this action breaches two structural cornerstones of our constitutional scheme -- the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law," Cannon also said.
This will be the third time that Smith has appealed Cannon's decisions.
What remains to be known is whether Smith will also ask that Cannon be removed from the case.
