Judge Aileen Cannon dismissed Trump's classified documents case last week.
is due on Aug. 27, according to a briefing notice Thursday from the United States Court of Appeals for the Eleventh Circuit.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 a statement following the ruling, a spokesperson with the special counsel's office said, "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.
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