Jack Smith appeals dismissal of Trump's classified documents case

• The 11th Circuit, based in Atlanta, previously overturned Cannon's rulings in this case, siding with the Justice Department.
• "We have no comment beyond the filing itself at this time," Peter Carr, a spokesperson for Smith's office, said in an email.

Catch up quick: Cannon on Monday cited "unlawful appointment and funding of special counsel Jack Smith" as the grounds for dismissing the case.

• Trump's legal team had argued that Smith's appointment as special counsel was unconstitutional.
• Justice Clarence Thomas had questioned the legality of Smith's appointment in a concurring opinion in the Supreme Court's ruling that Trump has immunity from prosecution for official acts. However, that wasn't part of the controlling majority opinion.
• Cannon, a Trump-appointed judge, had previously postponed the trial indefinitely.

State of play: Trump was indicted in June 2023 and charged with 37 felony counts as part of the Justice Department's probe into his handling of classified documents after leaving the White House.

• A superseding indictment the following month brought the counts up to 40.

Go deeper: Trump trials tracker: Election interference case in limbo, classified documents dismissed

Editor's note: This story has been updated with a statement from Smith's office.