Aileen Cannon slammed for expanding Donald Trump's classified documents case hearing to consider 'unlawful' appointment of Jack Smith

MIAMI, FLORIDA: Judge Aileen Cannon of the US District Court for the Southern District of Florida has expanded a hearing later this month in the case involving former President Donald Trump’s alleged improper retention of classified documents.

The hearing will now include arguments on whether the appointment of Special Counsel Jack Smith was unlawful and invalid.

Former attorney general Ed Meese files amicus brief

Judge Cannon postponed the trial indefinitely and scheduled deadlines for reports on June 10 and June 17, along with a nonevidentiary hearing on June 21, to address the motion to dismiss based on claims of unlawful appointment and funding of the special counsel, Fox News reports.

This hearing will now allow amici, including Trump defense attorneys and federal prosecutors, to present their arguments.

Former Attorney General Ed Meese, who served under former President Ronald Reagan, has filed an amicus brief arguing that the appointment of Smith as special counsel by Attorney General Merrick Garland violates the Appointments Clause of the Constitution.

Jack Smith is 'modern example of the naked emperor'

Meese's brief claims that Smith, a private citizen at the time of his appointment, lacks the authority to represent the United States in court.

The brief states, "Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor."

Meese argued that the "illegality" of Smith’s appointment is enough "to sink Smith’s petition, and the Court should deny review." 

Meese and company noted in the brief that Smith was appointed "to conduct the ongoing investigation into whether any person or entity [including former President Trump] violated the law in connection with efforts to interfere with the lawful transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021," Fox News reports.

Attorney General Merrick Garland's defense 

Garland defended his decision during a recent Capitol Hill hearing, as per the report, stating that regulations allowing the Attorney General to appoint special counsels have been in effect for over 30 years and have been used by both parties.

Meese, however, in his briefs, argued that "none of those statutes nor any other statutory or constitutional provisions, remotely authorized the appointment by the Attorney General of a private citizen to receive extraordinary criminal law enforcement power under the title of Special Counsel."

Judge Cannon has also scheduled a hearing from June 24 to June 26 and set deadlines for disclosures from the special counsel for early July.

The defendants’ speedy trial report is due on July 19, coinciding with the final day of the Republican National Convention. A status conference is scheduled for July 22, followed by another hearing later that day.

However, a new trial date has not been set. Trump has pleaded not guilty to all 37 felony counts, including willful retention of national defense information, conspiracy to obstruct justice, and false statements. He was also charged with an additional three counts as part of a superseding indictment.

Internet calls for removal of judge Aileen Cannon

Reactions online have been varied. One social media user wrote, "A real judge," while another suggested that ruling the appointment illegal would lead to Judge Cannon's removal by the 11th Circuit, noting, "They've already reprimanded her what, 10 times now? Please Judge, make my day."

Another user called it a "desperate delay tactic trying to save Trump from his ultimate fate."

Conversely, some voices defended Trump, with one person writing, "Leave Trump alone, enough is enough. What of Biden’s classified documents?"

Others expressed eagerness for judicial intervention, with one user stating, "I can’t wait for the 11th Circuit to remove her," while another simply wrote, "Amazing." Some accused Trump of benefiting from "White Privilege."

Presenting arguments on June 21 in Florida on behalf of Meese will be Josh Blackman, Gene Schaerr, and Matthew Seligman.

This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.