Judge Aileen Cannon stalled the ex-president’s trial for hoarding classified documents. Now she’s making Special Counsel Jack Smith prove the case should be brought at all.
Instead, a very different trial of sorts will be underway this Friday at a tiny federal courthouse in the sunny beach city of Fort Pierce—one that will awkwardly put the Department of Justice on the defensive, with government lawyers asserting their most fundamental right to even try this historic case.
At the start of the year, the judge wouldn’t prioritize setting aside a couple of days to review the classified material at the core of the case. By contrast, she’s dedicating all-day Friday for a hearing that will serve as a mini-trial. “The Appointments Clause does not permit the attorney general to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States. As such, Jack Smith lacks the authority to prosecute this action,” they
“Congress has also long demonstrated its understanding that the attorney general has authority to appoint special counsels by repeatedly appropriating funds for the attorney general to compensate them,” prosecutorsbehind Trump, arguing that the real problem here is that the AG shouldn’t have plucked Smith from his job as an anti-corruption prosecutor in Europe, and instead should have tapped one of the nation’s active 93 Senate-confirmed U.S. Attorneys.
Mar-A-Lago 2024 Presidential Election Jack Smith
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