Special counsel files notice of appeal in Trump's classified documents case

Special counsel Jack Smith on Wednesday filed an official notice of appeal of federal Judge Aileen Cannon's order dismissing former President Donald Trump's classified documents case.

Judge Cannon, in a surprising ruling Monday, dismissed the case on the grounds that Smith's appointment as special counsel was unconstitutional because he was not appointed by the president or confirmed by Congress.

Responding Monday, a spokesperson with the special counsel's office said in a statement, "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."

Representatives with the special counsel's office said Wednesday that they would not be commenting further.

Wednesday's filing by Smith indicated that he will appeal the decision to the 11th Circuit Court of Appeals.

Trump pleaded not guilty last year to 40 criminal counts related to his handling of classified materials after leaving the White House, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information and took steps to thwart the government's efforts to get the documents back.

Trump has denied all charges.