Trump Lawyers Challenge Jack Smith's Appointment

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Facts

  • Lawyers, who are defending former Pres. Donald Trump in his criminal case related to his handling of classified documents, Friday kicked off three days of hearings by arguing the case should be dismissed because the US Dept. of Justice (DOJ) special counsel Jack Smith was illegally appointed.1
  • Trump lawyer Emil Bove pressed the case to Judge Aileen Cannon by saying Smith lacks 'a superior who is operating with sufficient oversight authority over his decisions.' Bove's chosen argument has failed to deter special counsels involved in past politically sensitive cases.2
  • DOJ prosecutor James Pearce countered that 'precedent' invalidates the defense's claim and that Attorney General Merrick Garland, who had the legal authority to appoint Smith, maintains the authority to oversee Smith's work even if Smith's team works independently day-to-day.3
  • Hearings in this case will continue next week, with Cannon scheduled to hear a Trump challenge to the funding of the special counsel's office and a motion to discard evidence, among other things.4
  • These hearings come in the same week The New York Times reported Cannon, a Trump appointee, rejected suggestions from two judges to pass this case to a more experienced judge.5
  • Trump last June pleaded guilty to 37 charges related to his post-presidency handling of, and refusal to return, classified documents.4

Sources: 1Associated Press, 2Reuters.com, 3FOX News, 4ABC News and 5New York Times.

Narratives

  • Anti-Trump narrative, as provided by MSNBC. This unprecedented motion could've been dismissed without a hearing, but Cannon can't help but do Trump's bidding. She's issued a series of questionable rulings in Trump's favor and has scheduled several more hearings on motions that are usually rejected without being heard. Of course, what she's doing most of all to benefit Trump is delaying this trial into a future where he may once again be president.
  • Pro-Trump narrative, as provided by Daily Caller. For once, the deck isn't stacked against Trump because Cannon is running this case fairly. Democrats and other enemies of Trump can't stand that, and they're also concerned that under these circumstances this ridiculous case will be thrown out. So calling for Cannon to recuse herself and criticizing her holding hearings on motions are just desperate swipes from those who want this partisan witch hunt to continue.

Predictions