Jack Smith is desperate to get back on track after the judge threw out his classified documents case against President Trump.
The Biden prosecutor filed a notice of appeal on Wednesday, two days after Florida judge Aileen Cannon handed Trump a stunning victory by tossing the charges.
Cannon's ruling was a huge win for Trump, whose re-election bid has been surging as various Democrat-led prosecutions encounter obstacles.
In her bombshell ruling, Cannon found that Smith was not legally appointed. Her ruling came after Supreme Court justice Clarence Thomas expressed similar doubts about Smith's authority under the Appointments Clause.
Cannon said Smith's appointment undermines the power of Congress to appoint "officers of the United States." Smith was handpicked by attorney general Merrick Garland rather than nominated by President Biden with Senate confirmation.
Smith blasted Cannon's decision, claiming it "deviates from the uniform conclusion of all previous courts to have considered the issue."
Smith, in a filing Wednesday, said he would appeal to the 11th Circuit.
“The United States of America hereby gives notice that it appeals to the United States Court of Appeals for the Eleventh Circuit from the order of the District Court entered on July 15," Smith wrote.
While Smith goes through the motions of an appeal, his chances of bringing Trump to trial before the election are effectively zero.
Smith's other prosecution of Trump, concerning the 2020 election, is also unlikely to be resolved on Smith's political timeline after the Supreme Court's historic immunity ruling.
Without saying so directly, Smith has been desperate to prosecute Trump before the presidential election, fearing he could drop his federal charges if elected.
Trump is widely seen as the favorite to win the presidency, especially after his iconic display of courage following an assassination attempt last week.
After Cannon's ruling - and in a spirit of unity following his near death - Trump has called on Democrats to end all "lawfare" against him.
"The Democrat Justice Department coordinated ALL of these Political Attacks, which are an Election Interference conspiracy against Joe Biden's Political Opponent, ME. Let us come together to END all Weaponization of our Justice System, and Make America Great Again!" Trump wrote on Truth Social.
While Smith is clearly losing this battle, he is reportedly determined to keep prosecuting Trump until Inauguration Day.
