June 6, 2024

Hearing Scheduled Regarding Legitimacy of Jack Smith Special Counsel Appointment

Is Jack Smith’s appointment as special counsel constitutional?

That is a question that Republicans have raised time and again. In fact, it was just raised again this week during another congressional hearing.

That issue will be settled once and for all, but it may have also just guaranteed Donald Trump that his classified documents case will never see the inside of a courtroom.

Let’s Talk About This

The White House has defended this appointment already, and I am sure everyone thought this issue was settled, but Judge Aileen Cannon has agreed to hear arguments later this month.

Because she did agree to hear arguments, it means everything else in the Trump case is getting pushed back, and there are already a stack of motions on the docket to be settled before the trial.

The hearing will be to hear the arguments presented in an amicus brief filed by former Attorney General Ed Meese and Citizens United.

Meese argues that Garland improperly appointed Smith as special counsel, violating the Constitution and using the authority that he claims Garland does not have.

According to Meese, such an officer must be appointed by Congress or the president, but this really kicks open a door because the same argument can be made against Special Counsel John Durham, who was appointed by then-Attorney General William Barr during the Trump administration.

Rep. Massie (R-KY) drilled Garland on this while he was on the Hill this week, telling him, “You’ve created an office in the U.S. government that doesn’t exist and without authorization from Congress.”

With the entire schedule now pushed back and the court still awaiting the Supreme Court decision on presidential immunity, which I believe will be kicked back to the lower courts, there is no way this case will go to trial before the election.

Believe me, Trump’s attorneys could care less if they win a single one of these motions as long as they can continue to kick the can down the road and keep Trump out of court before election day.

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