 ABC's Elizabeth Schulze. The Biden administration reported a 29% drop in arrests for illegally crossing the southern border in June, lowest month of the current administration. Appeal in the works. The Justice Department has given special counsel Jack Smith permission to appeal dismissal of former President Trump's classified documents case, according to a spokesperson for the special counsel. The Florida judge ruled the special counsel was unconstitutionally appointed to the case. Further litigation on the case, including the appeal, will likely take place.