Judge to Decide Whether Jack Smith Lawfully Appointed, Has Power to Prosecute
Questions were raised whether the attorney general reviewed or approved the indictment.
By Jacob Burg, T.J. Muscaro and Catherine Yang
6/21/2024 Updated: 6/21/2024
FORT PIERCE, Fla.—U.S. District Court Judge Aileen Cannon heard arguments over special counsel Jack Smith’s appointment and the scope of his powers on June 21, as former President Donald Trump filed a motion to dismiss his classified documents case on the basis that the special counsel was unlawfully appointed, making his actions null and void.
In addition to Emil Bove arguing for the defense and James Pearce arguing for the prosecution, attorneys Matthew Seligman, Josh Blackman, and Gene Schaerr represented three groups of former government officials and legal experts who weighed in on the matter.
At the core of the defense’s argument is that the special counsel appointment violates the Appointments Clause, which states that officers need to be nominated by the president and confirmed by the Senate. However, it also allows Congress to enact laws that give department heads the authority to appoint inferior officers who report to the department head without such a confirmation process.
The defense argued Mr. Smith wields power exceeding that of an inferior officer and was thus an improperly appointed superior officer. The prosecution argued Mr. Smith was a properly appointed inferior officer working under the attorney general.
The judge raised questions about where the attorney general’s authority to appoint such an officer came from, and how much oversight he really has over the special counsel.
Where Is the Statutory Authority?
The attorney general’s appointment order of Mr. Smith cites several sections under 28 U.S. Code, which outline the function of the attorney general, delegation of authority, appointment of other officials, and rules governing attorneys retained by the attorney general.
Judge Cannon asked Mr. Pearce, where is the special counsel statute? She expressed concern that the prosecution was relying on a patchwork of statutes to claim authority.
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READ MORE: https://www.theepochtimes.com/us/judge-to-decide-whether-jack-smith-lawfully-appointed-has-power-to-prosecute-5673079?ea_src=frontpage&ea_med=top-news-top-stories-1
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