Jack Smith will appeal Trump classified documents case

While former President Donald Trump might have dodged a literal bullet, he's still in the crosshairs of special prosecutor Jack Smith.

Despite the judge overseeing the former president's classified documents case throwing out the charges, Jack Smith will appeal the decision, according to a recent report by Fox News.

Fox News Digital has learned that the Justice Department has granted Special Counsel Jack Smith the authority to appeal U.S. District Judge Aileen Cannon's Monday decision to dismiss the classified records case against former President Trump.

From Smith's Office

"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," Peter Carr, spokesperson for Smith’s office, told Fox News Digital.

"The Justice Department has authorized the Special Counsel to appeal the court’s order."

Smith's inquiry into Trump's possession of classified materials at his Mar-a-Lago residence, including an FBI raid, resulted in charges against him.

He entered a plea of not guilty to all 37 felony counts from Smith's investigation, which included the willful retention of national defense information, conspiracy to obstruct justice, and false statements.

The Dismissal

The case against Trump for the management of classified documents was dismissed by Cannon, and some legal experts characterized it as a "strongly reasoned" opinion that eliminates the "greatest legal threat" to Trump.

The superseding indictment against Trump was also dismissed by Judge Cannon, as she determined that it contravenes "the Appointments Clause of the United States Constitution."

On Monday, Cannon issued a 93-page opinion dismissing the case on the basis that the appointment of Special Counsel Jack Smith to supervise the case was unconstitutional.

The date on which Smith will formally appeal the ruling remains unknown at this time.

Trump Response

The former president responded to the judge's decision, telling Fox News' Bret Baier – the anchor and executive editor of ‘Special Report with Bret Baier’ – that he was "thrilled that a judge had the courage and wisdom to do this. This has big, big implications, not just for this case but for other cases.

"The special counsel worked with everyone to try to take me down," Trump added from Milwaukee, the site of this week's Republican National Convention.

"This is a big, big deal. It only makes this convention more positive. This will be an amazing week."