“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, 2024,” the notice states.

A spokesperson for Smith’s office said Monday that the dismissal of the case “deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel.”

“The Justice Department has authorized the Special Counsel to appeal the court’s order,” the spokesperson said.