Special counsel Jack Smith urged the U.S. Court of Appeals for the Eleventh Circuit to revive the classified documents case against Donald Trump, saying that U.S. District Judge Aileen Cannon was wrong to rule that Smith’s appointment to oversee the case was unconstitutional.

Cannon, a Trump appointee who sits in the Southern District of Florida, said Smith’s appointment wasn’t done by the president with Senate confirmation or with Congressional authorization, in violation of the U.S. Constitution.