Special Counsel Jack Smith has filed an appeal to the 11th Circuit U.S. Court of Appeals, seeking to revive the classified documents case against former President Donald Trump. The appeal follows U.S. District Judge Aileen Cannon’s July 15 ruling dismissing the case, citing the unconstitutionality of Smith’s appointment as special counsel.

Judge Aileen Cannon’s Background

Aileen Mercedes Cannon grew up in Miami with a Cuban mother and an American father. She attended Duke University and the University of Michigan Law School, where she joined the conservative Federalist Society and went on to clerk for a conservative appeals court judge. She then worked in the U.S. Attorney’s Office in the Southern District of Florida, primarily writing appellate motions. She is married with two children.

In 2020, someone from the office of Senator Marco Rubio, a Republican from Florida, asked her to apply to be a potential federal judge. Nominated by President Donald Trump, she became one of the youngest judges on the bench in the Southern District of Florida in November 2020. Despite some senators raising questions about her experience, she was confirmed in a 56-21 vote.

Judge Cannon’s Decision

Judge Cannon’s decision was based on her finding that Smith’s appointment by Attorney General Merrick Garland, rather than by the President or Senate confirmation, violated the Appointments Clause of the Constitution. However, Smith’s office has argued that the ruling “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.”

Next Steps in the Appeal Process

The appeal is expected to be lengthy and complex, potentially reaching the U.S. Supreme Court. If the 11th Circuit reverses Judge Cannon’s decision, the case could proceed to trial, with Smith’s office seeking to prove that Trump mishandled classified documents after leaving office.

Reactions to the Initial Dismissal

In the meantime, Trump’s legal team has celebrated the initial dismissal. Lawyer Christopher Kise stated, “Judge Cannon today restored the rule of law and made the right call for America. Jack Smith is not above the law and must be held accountable under the Constitution.”

Implications of the Appeal

The appeal marks a significant development in the ongoing legal saga surrounding Trump’s handling of classified documents. The case has implications not only for Trump’s legal liability but also for the broader framework of special counsel appointments and the separation of powers.