Donald Trump shredded as ex-POTUS' lawyers challenge Jack Smith's legitimacy as special counsel
WASHINGTON, DC: Judge Aileen Cannon is set to preside over a pivotal hearing regarding the legitimacy of Special Counsel Jack Smith's authority to prosecute Donald Trump.
Trump's legal team filed a motion asserting that the Justice Department lacks the constitutional grounds to appoint a special counsel solely focused on prosecuting the former president.
Trump currently faces 40 federal charges related to his handling of sensitive materials seized from his Mar-a-Lago estate in Palm Beach, Florida, following his departure from the White House in January 2021. These charges include accusations of obstructing federal efforts to retrieve the materials, to which the GOP nominee has pleaded not guilty.
Donald Trump's lawyers seek to remove Jack Smith as special counsel
Law professor Seth Barrett Tillman and the Landmark Legal Foundation have joined the fray, submitting a motion to support Trump's defense. They argue that Smith, characterized as a mere "employee," does not hold an official office and therefore should not be funded separately from the Department of Justice, a stance they claim violates the US Constitution.
Judge Cannon's upcoming hearing follows a series of legal maneuvers, including an order issued on May 7 to assess the defense's motion to dismiss the indictment based on allegations of Smith's unlawful appointment. The hearing is scheduled for 9.30 am on Friday in Cannon's Florida courtroom.
In a recent motion dated June 11, Trump's legal team further alleged that President Joe Biden provided Smith with unrestricted resources, portraying Smith as a "surrogate" in Biden's re-election campaign. They contend that the Department of Justice's funding of Smith violates the Appropriations Clause of Congress, intended to regulate public expenditure.
Trump's attorneys, Todd Blanche and Chris Kise, went on to accuse US Attorney General Merrick Garland "unleashed Smith as a Biden campaign surrogate to try to harm President Trump's campaign by any means necessary." "It is unlikely, at best, that there is any source of funding at [the] DOJ [Department of Justice] that could have funded the sprawling, politically-motivated activities that Smith has undertaken as if President Biden handed him a blank check," reported Newsweek.
They argue that the funding provided to Smith lacks the budgetary constraints applied to other divisions within the Department of Justice. Aside from the Florida case, Smith is concurrently prosecuting Trump on four counts related to his alleged efforts to overturn the 2020 election results leading up to the January 6, 2021, Capitol riot. Trump has pleaded not guilty to these charges, and the proceedings have been paused pending a Supreme Court decision on his claim of presidential immunity from prosecution.
Public opinion divided as Donald Trump's legal battle escalates
Social media erupts with commentary as Judge Aileen Cannon prepares to weigh the legality of Special Counsel Jack Smith's prosecution of Trump.
An individual commented, "I thought they tried this already. It is like they are throwing spaghetti against the wall named Cannon to see what sticks. Enough is enough already."
Another user said, "Another try at muddying the waters and riling the base. The AG can appoint a special prosecutor."
One user added, "Oh, so that's what Roger Stone was talking about. Well, thank goodness there isn't a law about a former president, a judge, and a random cartoon villain conspiring to drop charges in a case about stealing and destroying government property to obstruct justice."
A user claimed, "The defense is easy and obvious. US Presidents have been doing it for many administrations now. It's called the Presidential Records Act. You may want to get caught up on it or else you are going to give yourself a heart attack. If Trump is so guilty of this, Biden is too."
"Trump should be in prison already," penned a user.
"Remember that one time Biden stole top secret documents when he was a Senator and as VP? When he was investigated by the DOJ, the special prosecutor found that Biden wasn't mentally fit to stand trial for his crimes," stated an individual.
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