Judge Aileen Cannon on Friday recently heard the challenges to Jack Smith’s special counsel appointment via The Gateway Pundit.
It is noted that Cannon did not issue a ruling after the hearing concluded. President Trump previously filed a motion to dismiss Jack Smith’s classified documents charges based on the “unlawful appointment and funding of Special Counsel.”
Day one of the expanded evidentiary hearing was held on Friday. As per NBC News, President Trump’s lawyers “argued that an officer like the special counsel must be appointed “by law” and that the special counsel should be categorized as a “principal officer” and subject to Senate confirmation.
The statutory text cited by the special counsel’s office “does not authorize” the U.S. attorney general’s appointment of the special counsel, his lawyer, Emil Bove, argued.”
It has been noted that Cannon appeared skeptical of Trump’s legal team’s argument that a special counsel is a “principal officer.” The defense argued that giving an attorney general power to appoint a special counsel with the authority of a US Attorney is akin to a shadow government (since only a US president can appoint a US Attorney and the Senate must confirm).
“That sounds very ominous, a shadow government. But what does that mean?” Cannon asked, according to NBC News. However, Cannon did question if Attorney General Merrick had any oversight role in seeking the indictment against Trump.
Jack Smith’s prosecutor James Pearce refused to answer and claimed it would be against policy to answer the question.
“Why would there be any heartburn to answer whether the attorney general signed off on the indictment?” Cannon asked.
Top DOJ official Jeff Clark called Cannon’s questions about Merrick Garland’s oversight “critical.”
Judge Cannon last month indefinitely postponed the classified documents case after Special Counsel Jack Smith admitted to tampering with evidence.
The Judge vacated the May 20, 2024 trial date. It may be several months until Judge Cannon sets a new trial date.
