Judge Aileen Cannon earlier this month dismissed special counsel Jack Smith's classified documents case against former President Donald Trump by ruling that Smith was not properly appointed to his job.
However, Cannon's ruling is not the final word on the case, as Smith has the right to appeal it.
Politico's Kyle Cheney flags a new filing from the 11th Circuit Court of Appeals that lays out a timeline for Smith to potentially have Cannon's dismissal overturned.
Smith must submit his brief to the 11th Circuit by August 27th, 2024, and Cheney notes that the "standard briefing schedule runs through mid-October unless Smith seeks to expedite."
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In her ruling, Cannon argued that Smith's appointment "violates the Appointments Clause of the United States Constitution."
Although Cannon has been long criticized for showing deference to Trump in her rulings, this full dismissal of the case is sure to set off a firestorm as it hinges on an incredibly controversial ruling about whether Smith was properly appointed.
Many legal experts have noted that multiple courts have upheld the appointments of special counsels such as Smith's as constitutional and that Cannon's ruling to the contrary flies in the face of past precedent.
Trump was indicted last year for allegedly unlawfully retaining top-secret government documents at his Mar-a-Lago resort and then obstructing government efforts to have them returned.
