Written by Ashton Snyder on
 June 24, 2024

Trump Legal Team Argues Special Counsel Appointment Was Unlawful

Former President Donald Trump’s attorneys will argue in Florida that the special counsel’s appointment in his classified documents case was illegal.

According to the Washington Examiner, Trump’s defense is seeking dismissal of the case due to Jack Smith's unlawful appointment as special counsel.

The hearing, scheduled by Judge Aileen Cannon, will address these arguments. Trump’s legal team contends that Attorney General Merrick Garland violated the appointments clause in appointing Smith without Senate confirmation.

Trump's lawyers filed their dismissal request in February. They argue that the Attorney General cannot appoint a private citizen to wield prosecutorial power without the Senate's input. Two former Republican attorneys general and two law professors submitted an amicus brief supporting Trump.

Controversial Appointment of Special Counsel Jack Smith

Jack Smith and Robert Mueller are among the only special counsels in the last 40 years to be appointed without Senate confirmation. This fact forms one of the key aspects of Trump’s defense argument, highlighting a supposed deviation from historical norms.

The initial trial, originally set for May 2024, was canceled by Judge Cannon. Ongoing disputes and pretrial steps have led to the absence of a new trial date. Judge Cannon has added more pretrial hearings to the case, the first of which is set for Monday.

National security attorney Bradley Moss has criticized this approach, arguing it's excessive and unnecessary. Moss has pointed out that the issue of authority to appoint a special counsel should have been resolved through written submissions, without lengthy hearings.

Former President Trump’s Allegations Against Biden

Trump’s defense continued to press for the dismissal of the case by focusing on the appointment of Smith. They emphasized that Smith lacks prosecutorial authority due to his appointment process. Trump’s lawyers stated that the appointments clause prohibits this kind of appointment by the Attorney General alone.

Additionally, Smith’s team contended that his appointment followed the legal precedents and fit within the appointments clause’s framework. They requested that the conditions of Trump's release be modified to restrict his comments on law enforcement.

Trump has made public allegations that President Joe Biden plotted to assassinate him, based on FBI warrant documents from the Mar-a-Lago search in 2022. The FBI, however, stated that the warrants adhered to standard policies and did not deviate in Trump’s case.

Potential Impact on the Presidential Election

The legal battles and pretrial maneuvers have the potential to delay the trial until after the 2024 presidential election. This has sparked further discussions on how the proceedings are being handled and the implications of such delays.

Statements from Trump’s defense attorneys highlight their concerns over the legality of Smith's appointment. They argue that the authority underpinning his role is outdated and unsupported by current jurisprudential standards.

In summary, former President Trump’s legal team is fighting to have the classified documents case dismissed. They contend that the special counsel's appointment process was flawed. The initial trial date was vacated, and pretrial hearings continue to unfold, with critics like Bradley Moss describing the judicial process as excessive. Moreover, Trump has publicly claimed that President Biden had sinister motives regarding him, which the FBI has denied, stating all procedures followed standard protocol.

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About Ashton Snyder

Independent conservative news without a leftist agenda.
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