Hearing Set On Claim Jack Smith’s Case Against Trump Is Illegitimate
The federal judge handling the case has scheduled a hearing on the question of whether Smith’s case is legitimate at all – whether he has any authority to bring such a case.
It is the Washington Examiner that documented that Judge Aileen Cannon has released an order scheduling a June 21 hearing on the dispute.
She said legal scholars will be allowed 30 minutes apiece to argument whether Smith “may or may not have been legally appointed” by Biden’s Department of Justice.
Among those expected to make presentations are South Texas College of Law professor Josh Blackman; attorney Gene Schaerr, a former clerk to Justice Antonin Scalia representing ex-Bush and Reagan administration U.S. Attorneys General Michael Mukasey and Edwin Meese; and Matthew Seligman, an attorney representing an anti-Trump coalition.
They earlier were allowed to file written arguments on the dispute.
“Blackman will represent Landmark Legal Foundation and law professor Seth Barrett Tillman to argue Smith is not an ‘officer of the United States’ but rather an ’employee’ whose ‘appointment is inconsistent with the separation of powers and political accountability,” the Examiner reported. “Schaerr will provide the argument that the special counsel is a ‘principal officer’ whose appointment by Attorney General Merrick Garland should require a Senate confirmation.”
Court filings charge that Smith simply has no authority to prosecute the case. Some contend he wasn’t appointed properly, or confirmed by the Senate. Others argue that the position he holds doesn’t grant him to power to bring such a case.
The judge’s announcement came just as Biden’s attorney general, Merrick Garland, was denying to Congress that his DOJ has been weaponized against Trump, despite the fact that Democrats have orchestrated at least four major criminal cases against Trump just as he’s challenging Democrat Biden for the presidency.
It is the Washington Examiner that documented that Judge Aileen Cannon has released an order scheduling a June 21 hearing on the dispute.
She said legal scholars will be allowed 30 minutes apiece to argument whether Smith “may or may not have been legally appointed” by Biden’s Department of Justice.
Among those expected to make presentations are South Texas College of Law professor Josh Blackman; attorney Gene Schaerr, a former clerk to Justice Antonin Scalia representing ex-Bush and Reagan administration U.S. Attorneys General Michael Mukasey and Edwin Meese; and Matthew Seligman, an attorney representing an anti-Trump coalition.
They earlier were allowed to file written arguments on the dispute.
“Blackman will represent Landmark Legal Foundation and law professor Seth Barrett Tillman to argue Smith is not an ‘officer of the United States’ but rather an ’employee’ whose ‘appointment is inconsistent with the separation of powers and political accountability,” the Examiner reported. “Schaerr will provide the argument that the special counsel is a ‘principal officer’ whose appointment by Attorney General Merrick Garland should require a Senate confirmation.”
Court filings charge that Smith simply has no authority to prosecute the case. Some contend he wasn’t appointed properly, or confirmed by the Senate. Others argue that the position he holds doesn’t grant him to power to bring such a case.
The judge’s announcement came just as Biden’s attorney general, Merrick Garland, was denying to Congress that his DOJ has been weaponized against Trump, despite the fact that Democrats have orchestrated at least four major criminal cases against Trump just as he’s challenging Democrat Biden for the presidency.
70-79, M
