Jack Smith’s Potentially “Unlawful” Appointment Could End His Prosecution Of Trump Before It Gets Off The Ground

Special counsel Jack Smith’s case against former president Donald Trump could be over before it even gets off the ground, depending on the results of a hearing before U.S. District Court Judge Aileen Cannon.

On June 21st, Cannon, who placed Trump’s classified documents trial under indefinite postponement in May, will hear arguments as to the constitutionality of Smith’s allegedly “unlawful” appointment, and determine whether the entire case should be dismissed based on that.

Smith, a private citizen, was appointed in November 2022 by Attorney General Merrick Garland, but was not at that point nominated by the president nor confirmed by the Senate. Trump’s attorneys argue that due to this, he lacks the authority to bring charges against the former president, per the Daily Caller.

“The Appointments Clause does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States,” Trump’s legal team argued in a motion filed February 22. “As such, Jack Smith lacks the authority to prosecute this action.”