WASHINGTON (AP) Special counsel Jack Smith asked a federal appeals court Monday to reinstate the classified documents case against former President Donald Trump after it was dismissed by a judge last month.

U.S. District Judge Aileen Cannon threw out the case, one of four prosecutions of Trump, after concluding that Smiths appointment as special counsel was unconstitutional.

Smiths team then appealed to the Atlanta-based 11th U.S. Circuit Court of Appeals, with prosecutors saying in their appeal brief that Cannons decision is at odds with widespread and longstanding appointment practices in the Department of Justice and across the government.

The appeal is the latest development in a prosecution that many legal experts consider a straightforward criminal case but has been derailed by delays , months of hearings before Cannon, a Trump-appointed judge, and ultimately a dismissal order that brought the proceedings to at least a temporary halt.

Its unclear how long it will take for the appeals court to decide the matter, but even if it overturns Cannons dismissal and revives the prosecution, theres no chance of a trial before the November presidential election and Trump, if elected, could appoint an attorney general who would dismiss the case.