 This may cue up Jack Smith to try to go over Judge Cannon's head now to the 11th Circuit Court of Appeals, which is based in Atlanta. Legal analyst Jessica Levinson. What Judge Eileen Cannon is saying this morning is the way Jack Smith was appointed without the advice and consent of the Senate, that that was improper and that Congress had it and or that Congress had not empowered a president to create a special counsel. In Milwaukee, hundreds of protesters are now gathering at the Republican National Convention.