WASHINGTON

US Special Counsel Jack Smith called on an appeals court Monday to revive the classified documents case against former President Donald Trump, arguing that the lower court's dismissal of the charges "strayed" from legal precedent and "failed to fully consider" historical context, according to local media reports.

In a brief submitted to the federal appeals court in Atlanta, Smith defended his appointment as special counsel as lawful and challenged US District Judge Aileen Cannon's July decision to dismiss the indictment against Trump, his aide Walt Nauta, and Mar-a-Lago property manager Carlos de Oliveira, CBS news reported

Cannon had ruled that Smith's appointment violated the Constitution's Appointments Clause.

Trump has until Sept. 26 to submit a response to the special counsel's arguments.

Attorneys of Trump have yet to release a comment regarding the filing.