US_ Judge to review Jack Smith’s authority, rejects red state move to support Trump in documents case

THE WASHINGTON TIMES

Judge to review Jack Smith’s authority, rejects red state move to support Trump in documents case

Special counsel Jack Smith speaks about an indictment of former President Donald Trump on Aug. 1, 2023, at a Department of Justice office in Washington. (AP Photo/Jacquelyn Martin) ** FILE ** more >

By Alex Swoyer - The Washington Times - Tuesday, June 18, 2024


A federal judge in Florida this week will hear arguments over whether special counsel Jack Smith has the authority to charge former President Donald Trump over his alleged mishandling of classified documents.

Friday’s hearing before U.S. District Judge Aileen Cannon, a Trump appointee, will feature arguments from legal scholars over the legality of Mr. Smith’s selection as special counsel.

Conservative legal scholars have made the argument to challenge charges brought by Mr. Smith against Mr. Trump in the documents case in the Southern District of Florida and the pending election fraud case in the District of Columbia.

Some experts have said in briefs supporting motions to dismiss the cases that Attorney General Merrick Garland improperly appointed Mr. Smith, noting that the special counsel was not confirmed by the Senate and arguing that he is exercising powers beyond his authority.

The argument gained attention when President Ronald Reagan’s attorney general and two law professors who clerked for late Supreme Court Justice Antonin Scalia challenged Mr. Smith’s authority to prosecute Mr. Trump, saying a private citizen can’t bring criminal charges.

Mr. Smith worked as a U.S. attorney but was living in the Netherlands at the time of his appointment in November 2022, according to reports. He has argued he can hold his position as special counsel without Senate confirmation, according to legal documents.

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READ MORE: https://www.washingtontimes.com/news/2024/jun/18/judge-to-review-jack-smiths-authority-rejects-red-/

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