Special counsel Jack Smith has formally filed an appeal against U.S. District Judge Aileen Cannons shock ruling on Monday that dismissed former President Donald Trump s indictment in his classified documents case.

The appeal, filed in the Southern District of Florida on Wednesday, argues against Cannons conclusion that Smiths appointment by U.S. Attorney General Merrick Garland to prosecute Trump is unconstitutional because it did not go through Congress. Cannon, who was appointed by Trump, also claimed that Smiths office was improperly funded by the Justice Department.

Peter Carr, a spokesman for Smiths office, said in a statement released immediately following Cannons ruling that her decision breaks from how special prosecutors have previously and legally been appointed.