...
By Ewan Palmer
News Reporter
0
Share
Newsweek is a Trust Project member
See more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.
The judge overseeing Donald Trump's classified documents case could anoint someone to oversee Special Counsel Jack Smith if she agrees with suggestions put forward by professors.
Judge Aileen Cannon is set to hold hearings to discuss whether Smith was unlawfully appointed by Attorney General Merrick Garland as Special Counsel in the classified documents investigation, and that the federal charges against Trump should therefore be dismissed.
The former president is facing 40 federal charges over his handling of sensitive materials retrieved from his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House in January 2021. He is also accused of obstructing efforts by federal authorities to return them. Trump has pleaded not guilty to all charges.
Read More on U.S.
Cannon was previously criticized for her decision to hold hearings lasting a day and a half on the claim that Smith's appointment was unconstitutional as it was not first approved by the Senate.
The judge, who was nominated to the bench by Trump, indefinitely postponed the federal classified documents trial while she rules on a number of legal arguments, including motions to dismiss from the former president.
As well as hearing from Trump's legal team and Smith's office on the legality of the Special Counsel's appointment, Cannon took the rare move to hear arguments from those who do not represent either parties in the case.
...
One of the hearings taking place Friday and Monday will feature law professor, Joshua Blackman, arguing on behalf of another scholar, Seth Barrett Tillman.
Tillman had previously argued that as Smith was appointed to prosecute Trump, Smith's role is only temporary and will end one way or another.
Tillman argues that Smith is therefore just an "employee" and not an "Officer of the United States" as required.
"Smith's exercising the powers of an 'Officer of the United States' in his capacity as an employee of the United States violates the Supreme Court's Appointments Clause jurisprudence," Tillerman wrote in a motion filed in the Florida courts in March.
Tillerman added that Smith could continue to operate "under the current regulations, if at all, only under the normal supervision of the politically accountable United States attorney for the Southern District of Florida."
It is unclear if Cannon will agree with the suggestion to appoint an attorney to oversee Smith in the classified documents case.
A spokesperson for Smith's office declined to comment.
Elsewhere, former federal prosecutor Joyce Vance suggested that any attempt to have Smith removed as Special Counsel over claims his appointment was unconstitutional will fail.
"If this was any other judge, I would not be giving this a lot of thought," Vance, a frequent Trump critic who was the first female U.S. attorney nominated by former president Barack Obama, wrote in her Civil Discourse blog.
"Hunter Biden tried this same argument and got nowhere. It was also raised during the [Robert] Mueller investigation and slapped down."
Palm Beach County State Attorney Dave Aronberg also condemned Cannon's "highly unusual" decision to allow outside parties unconnected to the classified documents to offer arguments on whether Smith's appointment was unlawful.
"Especially for the claim that the special counsel is unconstitutional," Aronberg previously told Newsweek. "Most other judges would have dismissed these claims already."
View 0 Comments
Submit Correction
View Editorial & AI Guidelines