U.S. District Judge Aileen Cannon is set to preside over a hearing regarding former President Donald Trump’s motion to dismiss an indictment related to classified documents. Trump’s lawyers argue that the appointment of special counsel Jack Smith was unconstitutional because he was not appointed by law and should have been subject to Senate confirmation. The defense team also raised concerns about the attorney general’s ability to appoint special counsels with law enforcement power without oversight. Judge Cannon appeared skeptical of some of these arguments and questioned the potential risks associated with the attorney general’s appointment authority.
James Pearce, representing the special counsel’s office, refuted the claims that Smith’s appointment violated the Constitution. He argued that historical precedent and court decisions, such as in the Watergate-era case of U.S. v. Nixon, supported the attorney general’s authority to appoint special counsels. Pearce also addressed the distinction between officials and officers, highlighting that “official” is a catch-all term that includes both officers and employees. He emphasized that Congress has long approved the practice of appointing independent special counsels.
Attorney General Merrick Garland appointed Smith as special counsel in November 2022 to oversee federal investigations into Trump’s handling of classified documents and efforts to overturn the 2020 presidential election results. In a motion filed in February, Trump’s legal team argued that Smith’s appointment was invalid and that the funding for his investigation violated the appropriations clause of the Constitution. They called for the dismissal of the indictment against Trump and two other defendants in the case, citing alleged violations by Smith’s appointment and funding.
The arguments presented by Trump’s legal team have been previously raised against other special counsels, such as Robert Mueller and David Weiss, without success. Outside parties have also been granted permission to present arguments during the hearing. The court proceeding is one of three consecutive hearings scheduled by Judge Cannon, with a previous trial date canceled and no future date set. The hearing occurs shortly after Trump was found guilty of 34 felony counts of falsifying business records, marking the first time a former president has been convicted of a crime.
Overall, the hearing before Judge Cannon will focus on whether Trump’s indictment related to classified documents should be dismissed based on arguments about the constitutionality of special counsel Jack Smith’s appointment and funding. Trump’s legal team contends that Smith’s appointment lacks proper authority and violates the appropriations clause, while the special counsel’s office maintains that the appointment was in line with historical precedent and court decisions. The proceedings will provide an opportunity for various parties to present arguments, with the judge ultimately tasked with determining the validity of the indictment against Trump and his co-defendants.
