The judge overseeing former President Trump’s classified documents case will hold a hearing on Friday to consider whether the appointment of US Special Counsel Jack Smith and the funding of his investigation were “unlawful.”
Judge Eileen Cannon of the U.S. District Court for the Southern District of Florida indefinitely postponed the trial stemming from Smith’s investigation into allegations that President Trump improperly kept classified documents.
In postponing the trial, Cannon set deadlines for the reports to be filed on June 10 and 17 and scheduled an evidentiary hearing for Friday on a motion to dismiss “based on the unlawful appointment and funding of the special counsel.”
Judge Cannon expanded Friday’s hearing to allow amicus curiae to argue in court, as well as Trump’s legal team and federal prosecutors.
Trump Classified Documents Judge Expands Hearing to Consider ‘Illegal’ Appointment of Special Counsel Jack Smith
Donald Trump and Jack Smith (Getty Images)
Former Attorney General Ed Meese, who served under President Reagan, has filed an amicus brief in the case, arguing that Attorney General Merrick Garland violated the Appointments Clause of the Constitution when he appointed Smith, then a civilian, as special counsel.
Garland appointed Smith as special counsel on Nov. 18, 2022, just days after Trump announced he would run for president in 2024.
“Without the covering of federal authority, Smith is a modern-day version of the emperor with no clothes,” the report said.
“As an improper appointee, he has no more authority to represent the United States before this Supreme Court than Bryce Harper, Taylor Swift or Jeff Bezos,” they argued.
Federal judge postpones Trump’s classified records trial, new date not set
Attorney General Merrick Garland testifies during a House Judiciary Committee hearing on Capitol Hill, Tuesday, June 4, 2024. (AP/Jacqueline Martin)
Meese argues that the “unlawfulness” of Smith’s appointment “is sufficient to dismiss Smith’s petition and the court should decline to review.”
Mies and company said Smith “is a person or group of people [including former President Trump] “He violated the law in connection with any act aimed at disrupting the lawful transfer of power following the 2020 Presidential election or the certification of the electoral votes that occurred on or about January 6, 2021.”
Garland defended his actions at his congressional confirmation hearing earlier this month, arguing that “there is a rule that the attorney general can appoint a special counsel. It’s been in place under both parties for 30 years, probably longer.”
“The issue you’re referring to – whether a Department of Justice official can be appointed as a special counsel – has already been decided,” Garland argued, adding that other special counsel appointments made by him and other attorneys general have cited regulations that imply statutes.
Rep. Massie challenges Garland on constitutionality of appointment of special counsel Jack Smith
But in briefs filed on several points of Trump’s lawsuit, Meese argued that “nothing in these statutes, or any other statute or provision of the Constitution, remotely authorizes the Attorney General to appoint a private citizen with the title of special counsel or to grant him special criminal law enforcement powers.”
President Trump presents the National Medal of Freedom to former Attorney General Edwin Meese during a ceremony at the White House on October 8, 2019. (Chip Somodevilla/Getty Images)
Meese’s brief was also referenced in Justice Clarence Thomas’ question during oral arguments at the Supreme Court over President Trump’s immunity in Smith’s separate lawsuit over 2020 election interference, and the Supreme Court is scheduled to rule on that case this month.
Arguing on Meese’s behalf in Florida on June 21 will be Jean Shah, Josh Blackman on behalf of Professor Seth Barrett Tillman, and constitutional law scholar, former government official, and Matthew Seligman on behalf of the Action for State Democracy Defenders.
Meanwhile, Judge Cannon scheduled additional hearings for June 24-26, set a deadline for the special counsel to submit disclosures in early July, and for the defense to submit an expedited trial report by July 19, the last day of the Republican National Convention.
Trump was found guilty of all charges in New York v. Trump, investigated by District Attorney Alvin Bragg, on July 11 and is scheduled to be sentenced in Manhattan.
Former President Trump will go on trial in Manhattan Criminal Court in New York City on May 21, 2024. (Justin Lane/Pool/AFP via Getty Images)
Cannon scheduled a status conference for July 22 and another hearing for later that day.
Cannon did not set a new trial date.
Trump faced charges stemming from Smith’s investigation into possession of classified material. He has pleaded not guilty to all 37 felony charges raised in Smith’s investigation, including knowingly retaining national defense information, conspiracy to obstruct justice and making false statements.
As part of a follow-up indictment from the investigation, Trump was charged with three additional counts of willful retention of national defense information and two additional counts of obstruction.
Trump pleaded. Not guilty.
Judge Cannon’s decision last month to indefinitely postpone the trial came after he unsealed a trove of documents related to the FBI’s investigation into the former president and the 2022 FBI raid on his Mar-a-Lago, Florida, estate.
The document contained details of those involved in the incident. Mar-a-Lago raid The document also includes a detailed timeline, including an FBI file suggesting that the FBI’s investigation into Trump’s alleged mishandling of classified documents was called “Plasma Echo.”
House Judiciary Committee investigates ‘manipulated’ evidence seized by FBI in Trump secret records investigation
Another unreleased FBI memo outlined Garland’s role in the investigation.
In a document dated March 30, 2022, Garland approved upgrading the investigation into allegations that President Trump mishandled classified documents to a “full investigation.”
“This email was sent by the Department of Justice (DOJ) Attorney General (AG) [Merrick Garland] “Approval to transition to a full-scale investigation is granted,” a summary of the restricted document read.
Attorney General Merrick Garland (Chip Somodevilla/Getty Images)
Also last month, Smith and federal prosecutors acknowledged in court documents that documents seized during the Mar-a-Lago search are no longer in their original condition. Order and sequence.
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“There are several boxes in which the order of items within the box is not the same as the associated scan,” Smith’s filing said.
The prosecution had previously told the court that the documents were “in the original condition in which they were seized”.
Chairman of the House Judiciary Committee Jim JordanThe Ohio Republican is investigating whether the evidence was “tampered with or manipulated.”
Smith also indicted Trump in another district in Washington, D.C., in connection with the investigation into election interference and Jan. 6. Trump has also pleaded not guilty to those charges.
That trial has been postponed indefinitely while the Supreme Court considers arguments about presidential immunity and whether President Trump is immune from prosecution in Smith’s case.
The high court is expected to rule on the matter by the end of its session next week.
