The judge overseeing President Donald Trump’s classified documents case will consider arguments that Special Counsel Jack Smith has no authority in the case.
A legal brief contends that Smith does not have the constitutional authority to prosecute a current or former president.
The move from Judge Aileen Cannon shows that she is at least open to arguments that Democrat President Joe Biden’s Department of Justice (DOJ) inappropriately appointed Smith.
The 27-page brief from law professors Joshua Blackman and Seth Barret Tillmann argues that Smith is a mere “employee” who lacks the full-fledged prosecutorial power of a U.S. attorney.
Smith may continue prosecuting Trump “only under the normal supervision of the politically accountable United States attorney for the Southern District of Florida,” the brief argues.
In response, the court said:
“The amicus brief [410-1] is accepted for Court consideration.
“Should the Special Counsel or Defendants wish to file a separate response to the amicus brief, they may do so on or before April 4, 2024, in accordance with the Local Rules.”
Similar claims have been brought by former Ronald Reagan attorney general Ed Meese, as Slay News reported.
Meese compared Smith to the proverbial “emperor with no clothes” in a separate amicus brief.
“He wields tremendous power, answerable to no one,” Meese notes.
“And that is a serious problem for the rule of law — whatever one may think of former President Donald Trump or the conduct Smith challenges in the underlying case.”
In response, Smith called himself an “inferior officer.”
Smith admitted that he is answerable to Biden’s Attorney General Merrick Garland.
Trump highlighted that Smith’s response is an admission that he is coordinating with the White House on a political vendetta.
Smith and his backers have generally portrayed the special counsel as an independent actor beholden only to the rule of law.
“While Crooked Joe Biden and his Cronies have claimed from the outset they have nothing to do with Jack Smith’s Election Interference case against me, Smith himself admitted in a Court Filing yesterday that he ‘remains subject to Attorney General direction and supervision,’ and that includes Biden,” Trump wrote.
“That’s right, Jack Smith just admitted what the American People already know, namely, that his case is being directed and supervised by the Biden Administration.”
Judge Cannon’s methodical approach to the complex case has already slowed things down, however.
Cannon’s handling of the case has ignited the frustration of Smith and his liberal cheerleaders, who have blasted Cannon as a Trump ally.
Meanwhile, Smith’s January 6 case is also facing major delays.
The Supreme Court is currently weighing whether Trump is constitutionally immune from charges.
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