Former President Donald Trump’s legal team made a bold argument in court, claiming that the appointment of special counsel Jack Smith, who charged Trump with hoarding classified documents, was illegal. The defense argued that Smith’s appointment by the Justice Department created a “shadow government” and that the case should be dismissed. The hearing, which started on Friday, focused on challenging the legality of Smith’s appointment, adding further delays to a case that has been postponed multiple times due to unresolved legal disputes.
Prosecutors defended Smith’s appointment, stating that it was in compliance with all of the department’s policies. The defense argued that Attorney General Merrick Garland, who appointed Smith, had an oversight role in seeking the indictment but could not provide a clear answer to the judge’s questions. The hearing mainly centered on regulations governing the appointment of Justice Department special counsels like Smith, rather than the allegations against Trump. The judge’s willingness to entertain defense arguments has contributed to the indefinite postponement of the trial date.
The judge, a Trump appointee, has faced criticism for her handling of the case, including taking months to issue rulings and scheduling hearings on legally questionable claims. The hearing comes after Trump’s conviction in a separate state case in New York and as the Supreme Court is expected to issue an opinion on whether Trump can be prosecuted for actions taken in office. On Friday, arguments focused on the Trump team’s claim that Smith was illegally appointed by Garland and whether Congress’s approval was necessary for the appointment.
Similar challenges to special counsel appointments, including Robert Mueller’s appointment to investigate ties between Russia and Trump’s 2016 campaign, have all failed. The hearing will continue next week, where the two sides will discuss matters related to Smith’s appointment and a limited gag order that prosecutors have requested to prevent Trump from making comments that could endanger law enforcement officials involved in the case. Trump’s lawyers have argued that any speech restrictions would infringe on his free speech rights.
Overall, the legal battle surrounding Trump’s classified documents case continues as both sides argue over the legality of Smith’s appointment and the potential impact of a gag order on Trump’s free speech rights. The judge’s handling of the case has faced scrutiny, causing further delays in bringing the case to trial. The outcome of the hearing and subsequent rulings will determine the future of the case against the former president.
