Department of Justice Special Counsel Jack Smith filed an official notice of appeal on Wednesday of federal Judge Aileen Cannon's order dismissing Donald Trump's classified documents case.
Wednesday's filing by Smith indicates that he will appeal the decision to the 11th Circuit Court of Appeals in Atlanta.
The compromised Cannon, a Trump appointee and loyalist, dismissed the case in a surprise ruling Monday morning on the grounds that Smith's appointment as Special Counsel was "unconstitutional" because he was not appointed by the President or confirmed by Congress.
In response on Monday, a DOJ spokesperson with the Special Counsel's office released a statement: "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."
Trump promoted the ruling as a victory that should be followed by an end to all the fabricated so-called "Witch Hunts" against him (pause here to allow your eyes to unroll) while Smith's office said Judge Cannon's ruling deviated "from the uniform conclusion of all previous courts to have considered the issue."
Legal experts immediately predicted Smith would appeal the ruling, which sent shockwaves through social media as Trump continues to slip through the Justice Department's fingers.
Trump denied all charges and pleaded not guilty last year to 40 criminal counts related to his removal of classified materials after leaving the White House.
Prosecutors said Trump repeatedly refused to return hundreds of documents containing classified information and took extreme steps to block the government's efforts to get the documents back.
While we wait for the wheels of justice to turn on this case, Smith will still get his trial--sort of--in the form of Judge Tanya Chutkan's SCOTUS-ordered January 6th tribunal, timed to coincide with Trump's sentencing in September.