Jack Smith could be disqualified from trying President Trump for his document case and that could also disqualify him in the case where Joe Biden and Merrick Garland claim that Trump tried to reverse the results of the 2020 election. That hearing will take place on June 21st.
First, they point out that there is no federal statute establishing an “Office of Special Counsel in DOJ.” Second, even if one ignores the absence of such a specific statute, there is also no statute authorizing the “Attorney General, rather than the President by and with the advice and consent of the Senate, to appoint such a Special Counsel.”
The special counsel, they note, has more power that any of the 94 U.S. Attorneys who prosecute cases across the country. Their authority is limited to the jurisdictions in which they are appointed. Moreover, U.S. Attorneys are nominated by the president and have to be approved by the Senate under the Appointments Clause in Section 2 of Article II of the Constitution.
Yet Jack Smith has nationwide authority to pursue his prosecutions, and indeed has indicted Trump in two separate jurisdictions (D.C. and Florida), and was neither nominated by the president nor confirmed by the Senate. This, according to the amicus brief, violates basic constitutional requirements.
CNN reported:
Judge Aileen Cannon is planning on holding a sprawling hearing on Donald Trump’s request to declare Jack Smith’s appointment as special counsel invalid, signaling the judge could be more willing than any other trial judge to veto the special prosecutor’s authority.
The planned hearing also adds a new, unusual twist in the federal criminal national security case against the former president: Cannon on Tuesday said that a variety of political partisans and constitutional scholars not otherwise involved with the case can join in the oral arguments later this month.
Judge Aileen Cannon will hold an expanded hearing on the validity of Jack Smith’s special counsel appointment.
President Trump previously filed a motion to dismiss Jack Smith’s classified documents charges based on the “unlawful appointment and funding of Special Counsel.”
The evidentiary hearing is set for June 21.
Judge Cannon last month indefinitely postponed the classified documents case after Special Counsel Jack Smith admitted to tampering with evidence.
The Judge vacated the May 20, 2024 trial date. It may be several months until Judge Cannon sets a new trial date.
Jack Smith admitted the FBI messed with the boxes containing “classified” documents they seized from Trump and can’t be sure the order or the placement of the documents.
The DOJ previously assured the Court that the placement of classified documents as originally found had been maintained – THEY LIED!
The DOJ in August 2022 lied to the Court when they claimed the red, blue and yellow sheets shown in the viral photo of the classified documents indicated their classification status.
The FBI admitted they messed with Trump’s documents! The FBI used cover sheets as placeholders for the classified documents.
