Why Special Counsel Jack Smith Is Unlawful
Paul Kamenar | Jun 17, 2023
The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
Special Counsel Jack Smith’s decision to file criminal charges against Donald Trump in the Southern District of Florida instead of the District of Columbia may prove to be advantageous to Trump’s defense in at least three respects.
Unlike a jury in the District of Columbia, where only 5% of its citizens voted for Trump in 2020, 43% of citizens in Palm Beach County, where the court sits, voted for him. It only takes one juror to acquit to have a hung jury.
Second, the judge assigned to the case is Judge Aileen Cannon, a Trump appointee, who ruled favorably on his request for a Special Master to oversee the handling of the documents seized by the FBI during the raid on Mar-a-Lago, although she was reversed by the Eleventh Circuit.
Finally, and more significantly, neither Judge Cannon nor the 11th Circuit will be bound by a questionable ruling of the D.C. Circuit in 2019 that rejected my challenge to the legal authority of Special Counsel Robert Mueller to issue grand jury subpoenas and file criminal indictments because Congress did not authorize such an office and, unlike all other U.S. Attorneys wielding prosecutorial powers, he was not appointed by the President and confirmed by the Senate, as required by the Appointments Clause of Article II of the Constitution.
Trump’s attorneys should file a motion to dismiss the indictment on those grounds. Such a motion should have broad support regardless of what one thinks of the merits of the charges against Trump, with the Supreme Court ultimately deciding the issue of the legitimacy of Special Counsel appointments by the Attorney General.
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READ MORE: https://townhall.com/columnists/paulkamenar/2023/06/17/why-special-counsel-jack-smith-is-unlawful-n2624614
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