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Special Counsel Jack Smith speaks to the press at the U.S. Department of Justice in Washington, D.C., on June 9, 2023, announcing the unsealing of the indictment against former U.S. President Donald Trump.

Special Counsel Jack Smith speaks to the press at the U.S. Department of Justice in Washington, D.C., on June 9, 2023, announcing the unsealing of the indictment against former U.S. President Donald Trump. (Mandel Ngan/AFP via Getty Images/TNS)

WASHINGTON (Tribune News Service) — Special Counsel Jack Smith has appealed a decision by Aileen Cannon, a federal judge in Florida, to dismiss a criminal case against former President Donald Trump over his handling of classified material after she questioned the constitutionality of his appointment by the Justice Department.

Smith had 30 days to appeal the matter, but did so within just two days. Smith had charged Trump with mishandling some of the government’s most sensitive documents, and attempting to cover up a scheme to conceal them from federal investigators.

After Cannon published her decision to dismiss the case on Monday, Smith’s office said that the Justice Department had authorized them to appeal the matter.

“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 Smith’s spokesman, Peter Carr.

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