Trump pleaded not guilty last year to 37 criminal counts related to his handling of classified materials, after prosecutors said he repeatedly refused to return hundreds of documents containing classified information ranging from U.S. nuclear secrets to the nation's defense capabilities, and took steps to thwart the government's efforts to get th

Smith moved to drop Trump from the case Monday due to a long-standing Justice Department policy that bars the prosecution of a sitting president. ????????????  

In a filing on Tuesday, Smith urged the appeals court to reverse Cannon's decision to toss the classified documents case based on the constitutionality of Smith's appointment as special counsel. ?????  

Smith is continuing to appeal U.S. District Judge Aileen Cannon's dismissal of the case with Trump's two co-defendants, his longtime valet Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira. ????? ???????

"Appellant's motion to dismiss the appeal as to Donald J. Trump only is GRANTED," the Eleventh Circuit's clerk wrote in a one-sentence order Tuesday. ????????????