 that special counsel Jack Smith needed to be appointed by the president or by Congress under the Constitution. Other federal courts have rejected these arguments. Trump faced charges of unlawfully retaining sensitive government papers and refusing to return them, despite a subpoena and an FBI search at his Mar-a-Lago estate. The Justice Department has the right to appeal Cannon's decision to a higher court, which has criticized her rulings in the past. Carrie Johnson, NPR News, Washington.