Special counsel Jack Smith on Monday began his bid to revive the classified documents case against former President Donald Trump after a federal judge dismissed the indictment last month, finding Smith’s appointment unlawful.

The deadline for Smith’s office to file its first brief to the U.S. Court of Appeals for the 11th Circuit was Tuesday, but Smith submitted his brief Monday afternoon. The filing marks his first push to explain to the panel why he believes District Judge Aileen Cannon was wrong to dismiss the case on the grounds that he was unlawfully appointed by Attorney General Merrick Garland.