special counsel Jack Smith has appealed a ruling by US District Judge aen cannon that dismissed the classified documents case against former president Donald Trump Canon had ruled that Smith's appointment as special counsel was unconstitutional in his filing Smith argued that the ruling deviated from Supreme Court precedent misinterpreted the laws governing special counsel appointments and could undermine numerous justice department policies Smith warned that upholding Canon's decision could invalidate many federal appointments across various departments the appeal seeks to revive the prosecution but any trial is unlikely before the 2024 presidential election