In an attempt to throw out a Florida judge’s order to dismiss Special Counsel Jack Smith’s case involving former President Donald Trump for manipulating secret documents, Smith has submitted a notice of appeal.

Smith’s complaint was rejected by U.S. District Judge Aileen Cannon on Monday, with the court citing the unconstitutionality of Attorney General Merrick Garland’s appointment of Smith as his sole counsel.

Trump appointee Cannon stated in the decision on Monday, “Former President Trump’s request for dismissal of Indictment relying on the Illegal Hiring and Financing of Special Counsel Jack Smith was granted by this order.” “The Surpassing Indictment has been DENIED due to Special Counsel Smith’s appointment breaches the appointments provision of the United States Constitution.”

Smith’s probe into Trump’s holding of sensitive materials at his Mar-a-Lago home resulted in charges against the business. Each of 37 felony counts from Smith’s investigation, which included misleading statements, an attempt to stop justice, and thoughtful retention of material related to national defense, were entered into a plea deal of not guilty.

The 11th Circuit received a letter of appeal. On Wednesday, the Justice Department remained silent. Smith’s lawyer had earlier stated that the Justice Department had given the Special Counsel permission to file an appeal against the court’s decision and that “the removal of the case breaks from the standard decision of all earlier courts that had looked at the matter that the Attorney General is legally permitted to hire a Special Counsel.”

According to the Appointments Section, the President appoints judges of the Supreme Court, representatives, as well as public ministers and diplomats, and all additional officials of the United States, without the guidance and approval of the Senate. However, Congress may grant the President, the Courts of Law, and the Heads of Departments the authority to appoint subordinate officers.