 Trump's legal team had made the long-shot effort to dismiss the case by claiming that special counsel Jack Smith's appointment was unconstitutional because, they argued, his position was not created by Congress. The federal judge in the case, Eileen Cannon, was nominated by President Trump. Special counsel Jack Smith's office says they'll appeal, saying all previous courts, considering the same issue, ruled that the attorney general is authorized by statute to appoint a special counsel. Hunter Biden's lawyer made the same argument about the special counsel in that gun case