The special attorney Jack Smith told a federal appeals court that is overseeing the case involving classified documents with former president Donald Trump that a lower court’s decision to drop the case “lacks merit.”

In a 57-page document filed on Monday in a 57-page filing on Monday, Mr. Smith asked the 11th U.S. Circuit Court of Appeals to overturn U.S. District Judge Aileen Cannon’s decision to drop the case based on that the appointment of a the special counsel of Attorney General Merrick Garland was illegal.

In July the month of July, the judge Cannon declared in July that. Smith wasn’t lawfully appointed as the special counsel since there was no confirmation to the Senate to the post and dismissed the indictment of Trump. Trump.

“The district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels,” Mr. Smith’s letter read in asking for the Federal appeals court’s permission to rescind Judge Cannon’s decision. “The district court’s contrary reasoning lacks merit.”

The defendant. Smith argued in his filing that two federal statutes are in support of having a special prosecutor. He also argued in the course of his argument, that the Supreme Court confirmed the legality of a special prosecutorwhich Smith. Smith says is “comparable to a special counsel” – within United States v. Nixon.

Judge Cannon is one of the Trump appointee in July, dismissed Judge Cannon in July dismissed. Smith’s federal lawsuit with the president of his former of Florida in the belief that. Smith wasn’t properly appointed special counsel and never confirmed for the post by Congress.

“The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers,” Judge Cannon wrote in her decision.

“If the political branches wish to grant the Attorney General power to appoint Special Counsel Smith to investigate and prosecute this action with the full powers of a United States Attorney, there is a valid means by which to do so,” the judge wrote.

The former president, Mr. Smith had charged the former president with numerous crimes related to his alleged dealing with classified papers at Mar-a-Lago. Special counsel claimed that the former president hindered the efforts of law enforcement officials to recover classified documents.

Trump. Trump pleaded not guilty.

Judge Cannon’s denial of federal charges brought against him in Florida was the second major defeat to the Mr. Smith in July. The decision was made 2 weeks following the Supreme Court ruled in favor of Mr. Trump that presidents have certain immunity from prosecutions for crimes.

The 1st of July, the highest court in a 6-3 ruling declared that presidents are immune from prosecution for their core tasks, presumed immunity to other official acts as well as there is no immunity for acts that are not official.

The ruling was a victory the President. Trump in that it stopped the proceedings in lower courts against him on and across on the East Coast and will force lower court judges to wrestle on the case and evaluate a variety of allegations to determine whether the president is in fact guilty. Trump has immunity.

The federal case involving election fraud in Washington was put on hold for months while the supreme court looked at the immunity claims.

In the dispute in that case, the president. Smith charged the former president for actions relating to his challenge of the 2020 results in the election as well as the riot that occurred at the U.S. Capitol on Jan. 6, 2021.

The week following, U.S. District Judge Tanya Chutkan, an Obama appointee, will conduct the first hearing on the dispute since last year.