U.S. Special Counsel Jack Smith has asked a federal appeals court to reinstate the criminal case against Donald Trump for retaining classified documents, after a lower court dismissed the indictment in July.

The dismissal by U.S. District Court Judge Aileen Cannon, who ruled that Smith’s appointment was unlawful, is being challenged by Smith’s team, arguing that the Attorney General has the authority to appoint special counsels.

The Justice Department had already planned to appeal the ruling, and Smith’s office is now requesting oral arguments from the appellate court, Reuters has reported.

Trump’s legal team maintains that the case should be dismissed, calling it politically motivated.

Written by B.C. Begley