Special counsel Jack Smith appeals dismissal of Donald Trump's classified documents case

Special counsel Jack Smith filed a speedy appeal Wednesday of the dismissal of former President Donald Trump's criminal classified documents case.

The appeal comes just two days after U.S. District Judge Aileen Cannon, a Trump appointee, dismissed the case, writing that Smith's appointment was unlawful. Trump hailed the ruling as a victory that should be followed by an end to all the "Witch Hunts" against him, while Smith's office said Cannon's ruling deviated "from the uniform conclusion of all previous courts to have considered the issue."

Cannon's ruling was just the latest in a series of controversial pro-Trump rulings she has made in the case. Some legal experts suggested Smith may try to get the US Court of Appeals for the 11th Circuit to remove Cannon from the case.

The appeals court previously reversed Cannon's decision to temporarily block investigators from reviewing documents seized from Trump's Mar-a-Lago club. A three-judge appellate panel of Republican appointees described that ruling as "a radical reordering of our caselaw."

Why was Trump's case dismissed?

Trump was charged with willfully retaining national defense information following his presidency and conspiring to obstruct justice. The documents at issue allegedly included information on U.S. and foreign military capabilities.

Cannon ruled that Smith's appointment by Attorney General Merrick Garland violated a constitutional provision that requires “Officers of the United States” to be appointed by the president and confirmed by the Senate. She said Smith needed to have gone through that process unless Congress enacted a new law authorizing his appointment.

Democratic and Republican administrations have both appointed special counsels to oversee investigations with greater-than-normal independence, and courts have consistently upheld the appointments.

Supreme Court Justice Clarence Thomas appeared to recently invite a challenge to Smith's appointment, however. He wrote a concurrence in the high court's recent presidential immunity decision questioning the legitimacy of the appointment.

Smith's notice of appeal jumpstarts a process that could take months or even more than a year – particularly if the Supreme Court decides to weigh in. Before her Monday ruling, Cannon had already indefinitely delayed a trial in the case.

This article originally appeared on USA TODAY: Jack Smith appeals dismissal of Trump's classified documents case