WASHINGTON — Special counsel Jack Smith intends to appeal a judge’s dismissal of the classified documents case against former President Donald Trump.

A spokesman for Smith revealed the move in a statement Monday hours after U.S. District Judge Aileen Cannon threw out the case. The judge sided with Trump’s lawyers, who said Smith’s appointment as special counsel violated the Constitution.

A successful appeal by prosecutors could result in the indictment being reinstated, though even if that there were to happen, it would be virtually impossible for a trial to take place before the November presidential election.