Special Counsel Jack Smith has filed a notice to appeal a Florida judge’s decision to toss his case against former President Donald Trump related to his handling of classified documents. 

U.S. District Judge Aileen Cannon on Monday dismissed Smith’s case, citing that Smith’s special counsel appointment by Attorney General Merrick Garland was unconstitutional.

“Former President Trump’s Motion to Dismiss Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith is GRANTED in accordance with this Order,” Cannon, a Trump appointee, wrote in the Monday ruling. “The Superseding Indictment is DISMISSED because Special Counsel Smith’s appointment violates the Appointments Clause of the United States Constitution.”

Trump had faced charges stemming from Smith’s investigation into his possession of classified materials at Trump’s Mar-a-Lago residence. He pleaded not guilty to all 37 felony counts from Smith’s probe, including willful retention of national defense information, conspiracy to obstruct justice and false statements.

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The notice of appeal was filed in the 11th Circuit. The Justice Department had no further comment Wednesday. A spokesperson for Smith had previously said 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,” and that the Justice Department has authorized the Special Counsel to appeal the court’s order.

The Appointments Clause says, “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments.” 

Smith, however, was never confirmed by the Senate.

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Former President Donald Trump holds a rally in the historically Democratic South Bronx on May 23, 2024 in New York City. (Spencer Platt/Getty Images)

“Upon careful study of the foundational challenges raised in the Motion, the Court is convinced that Special Counsel’s Smith’s prosecution of this action breaches two structural cornerstones of our constitutional scheme – the role of Congress in the appointment of constitutional officers, and the role of Congress in authorizing expenditures by law,” Cannon wrote Monday.

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A court sketch depicts former President Donald Trump as he appears in federal court in Fort Pierce, Florida on Thursday, March 14, 2024.  (Lothar Speer)

“The Framers gave Congress a pivotal role in the appointment of principal and inferior officers. That role cannot be usurped by the Executive Branch or diffused elsewhere – whether in this case or in another case, whether in times of heightened national need or not,” she continued.

“In the case of inferior officers, that means that Congress is empowered to decide if it wishes to vest appointment power in a Head of Department, and indeed, Congress has proven itself quite capable of doing so in many other statutory contexts. But it plainly did not do so here, despite the Special Counsel’s strained statutory readings,” Cannon added. 

Steven Cheung, Trump campaign spokesperson, reacted to Smith’s appeal notice on Wednesday, saying, “As we move forward in uniting our nation after the horrific events on Saturday, this dismissal of the lawless indictment in Florida should be just the first step, followed quickly by the dismissal of ALL of the Witch Hunts.” 

“The Democrat-led Justice Department should drop these politically motivated, election interference efforts against President Trump immediately. Let us come together to END the weaponization of our justice system and Make America Great Again!” he said.

Cheung was referring to the assassination attempt against Trump at a Pennsylvania campaign rally days earlier.

Fox News Digital’s Bill Mears contributed to this report. 

Engineer, TV host, author and mom Emily Calandrelli will make history when she becomes the first West Virginia woman to travel to outer space.

She’ll make the out-of-this-world journey as a citizen astronaut ambassador with Blue Origin, the Jeff Bezos-founded private spaceflight company, it was announced on Tuesday.

“I’m incredibly grateful for the opportunity to fly with Blue Origin,” Calandrelli said in a statement. “I look forward to representing my home state in this way and show the world what kids from Appalachia can do, what women can do and what mothers can do. Country roads, take me to space!”

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In an Instagram post sharing the news, Calandrelli called space travel her “dream.”

Fox News Digital reached out to Calandrelli and her representative for more information about her upcoming spaceflight.

Calandrelli was selected by the nonprofit Space for Humanity to take part in its Citizen Astronaut Program. 

Its website indicates the Colorado-based organization “serves purpose-driven leaders through a sponsored spaceflight experience to create a profound shift in perspective, so that each citizen astronaut returns with a grander perspective to address our most intractable challenges and their solutions.”

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The 38-year-old West Virginia native studied mechanical and aerospace engineering at West Virginia University. She then attended the Massachusetts Institute of Technology, where she earned dual master’s degrees in aeronautics and astronautics, as well as technology and policy.

Calandrelli, who is known on social media as “The Space Gal,” is an advocate for girls pursuing careers in science, technology, engineering and mathematics. 

Emily Calandrelli is a 38-year-old mother of two known on social media as “The Space Gal.” She has called space travel her “dream.” (Greg Doherty/Patrick McMullan via Getty Images)

The mother of two and former NASA intern is a familiar face on TV.

She’s appeared in several episodes of Netflix’s “Bill Nye Saves the World.” 

She has also served as co-executive producer and host of the Netflix science show “Emily’s Wonder Lab.”

Calandrelli was nominated for a Daytime Emmy Award in 2017 for her work on Fox’s “Xploration Station” educational programming.

Emily Calandrelli was nominated for a Daytime Emmy Award in 2017 for her work on Fox’s “Xploration Station.” (Jerritt Clark/WireImage)

She’s also the author of several children’s books, including the “Ada Lace” series, and the picture book “Reach for the Stars.”

“Space for Humanity is thrilled for Emily,” executive director Antonio Peronace said in a statement.

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“We’re also excited knowing that such a dedicated and gifted science communicator with a strong background in STEM is going to space. Emily Calandrelli has spent years opening up a world of possibilities in STEM for young people globally.”

“It’s about the countless others she will be bringing along with her.”

He added, “That’s why we know that this mission isn’t just about her traveling to space. It’s about the countless others she will be bringing along with her. We’re so proud to cheer her on.”

The first manned Blue Origin spaceflight took place in 2021.

It sent Bezos and three other citizens past the Kármán line, which is the boundary separating Earth’s atmosphere from outer space.

Jeff Bezos, second from left, founder of space tourism company Blue Origin, is shown posing for a photo with his crew in 2021. (Blue Origin via AP)

Katya Echazarreta was chosen earlier this year to become the first-ever citizen astronaut ambassador.

She will become the first Mexican-born female to fly to space.

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It hasn’t yet been determined when Calandrelli will strap on her spacesuit.

But she said on Instagram that she hopes becoming the first female astronaut from West Virginia will inspire “girls everywhere that they, too, can reach the stars.”

A Florida man allegedly wrote, “I’ll kill Joe Biden today,” on July 11, two days before Donald Trump survived an assassination attempt in western Pennsylvania. 

Jason Patrick Alday, a 39-year-old Florida man, has been on the Secret Service’s radar since late June, when he told an intake officer of a mental health facility that he didn’t like President Biden and was going to “slit his throat,” according to a probable cause affidavit. 

Secret Service agents questioned him, and he denied the accusations, according to federal court documents. 

On June 30, Alday allegedly said on X that Biden’s health is declining: “Not doing too good at all. Should I finish him off?”

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That was one of four posts Alday allegedly wrote under the X username @Jman86628004 after his emphatic threat on July 11. 

“I’ll kill joe biden today!!” he allegedly wrote, according to the affidavit reviewed by Fox News Digital.

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He allegedly taunted the Secret Service agent who questioned him in June in a series of racist tweets.

Secret Service agents stand by the presidential limousine as President Biden disembarks from Air Force One upon arrival at Raleigh-Durham International Airport in Morrisville, N.C., in January. (Saul Loeb/AFP via Getty Images)

There were multiple other bigoted tweets directed at the investigating Secret Service agent and graphic threats to kill the president, according to court documents. 

Alday was arrested on Monday by the U.S. Marshals Service Task Force and the Secret Service. 

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He was charged in federal court with engaging in sending threatening communications, making threats against the president and threats against federal officials.

He was detained after his initial appearance in Florida federal court.

Biden ran political ads claiming Trump wants to be a “dictator.” (Getty)

Two days before Alday was arrested, former President Trump was nearly killed by a gunman on a rooftop overlooking a rally in Butler, Pennsylvania. 

A bullet grazed Trump’s ear and may have killed him if he didn’t move his head at that exact moment. 

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A beloved fire chief and married father of two died shielding his family, and two others were critically wounded. 

The gunman, Thomas Matthew Crooks, 20, was “neutralized” after firing several times. 

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A motive remains unclear, and several unanswered questions have spiraled into conspiracy theories, and the Secret Service and local law enforcement blame each other.