Special Counsel Jack Smith has spent the better part of two years attempting to prosecute President-elect Donald Trump over his handling of classified documents.

However, a recent decision by the special counsel suggests that his case against Trump is now finally over. 

Special counsel drops appeal of judge's ruling

According to Fox News, Smith moved earlier this week to withdraw an appeal his office made to the 11th Circuit Court of Appeals.

The special counsel had been arguing for a reversal of an earlier ruling from Southern District of Florida Judge Aileen Cannon.

In July, Cannon dismissed Trump's charges on the grounds that Smith's appointment by Attorney General Merrick Garland violated the Constitution's Appointments Clause.

It holds that "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 was never confirmed by the Senate

Yet as Cannon pointed out in her holding, Smith was never confirmed by the Senate, a fact which she said deprived him of the authority to prosecute Trump.

"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.

"The Framers gave Congress a pivotal role in the appointment of principal and inferior officers," the federal judge insisted.

"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 went on to add.

New York judge considering motion to overturn Trump's conviction

Fox News observed that Smith's motion to the 11th Circuit Court of Appeals came "just days" after he began winding down another case brought against Trump over the January 6 riot on Capitol Hill.

Yet the president-elect's legal problems have not entirely vanished, as he is still scheduled to be sentenced in New York on November 26 over his conviction for falsifying business records.

The New York Daily News reported that Judge Juan Merchan is considering a defense motion to set Trump's conviction aside.