Special Counsel Jack Smith lodged a request within the 11th US Circuit Court of Appeals in Atlanta on Monday seeking to revive the classified documents case against former President Donald Trump, which was dismissed last month.
District Court Judge Aileen Cannon of the Southern District of Florida initially dismissed the case in mid-July, arguing that Smith's appointment violated the US Constitution.
"If the Attorney General lacks the power to appoint inferior officers, that conclusion would invalidate the appointment of every member of the Department who exercises significant authority and occupies a continuing office, other than the few that are specifically identified by statute," Smith's office stressed in the court filing.
