A judge made one shocking decision that could be game over for Jack Smith’s witch hunt

Jun 11, 2024

Jack Smith has had a rough time in his mission to convict Donald Trump before the election.

Now he’s been handed one setback that could bring his house of cards crashing down. 

And a judge made one shocking decision that could be game over for Jack Smith’s witch hunt.

Florida judge sets hearing on constitutionality of Jack Smith’s appointment

Special Counsel Jack Smith has been dealing with a series of setbacks in his criminal case against former President Donald Trump for allegedly mishandling classified documents.

Judge Aileen Cannon has smacked down Smith and his band of rogue prosecutors for trying to push the envelope in her courtroom to get the Trump trial started.

The classified documents case is indefinitely postponed as the court works through pretrial motions by both parties. 

Cannon made that decision after Smith’s office admitted in court that they tampered with evidence obtained by the FBI during the August 2022 raid on Mar-a-Lago.

Now she set a hearing that could see the entire case collapse.

Cannon scheduled a hearing based on a motion to dismiss the case by Trump’s legal team “based on unlawful appointment and funding of special counsel.”

The hearing will allow three law experts to argue that Smith’s appointment as Special Counsel was unconstitutional.

The argument that Jack Smith was illegally appointed

Three legal experts will argue about Smith’s appointment as “friends of the court” in the hearing.

Former Attorney General Ed Meese – who worked for former President Ronald Reagan – submitted amicus briefs in this case and Smith’s January 6 case, arguing that his appointment violated the Appointments Clause of the Constitution.

Smith was a private citizen when Attorney General Merrick Garland appointed him to be Special Counsel on the Trump case in 2022.

Meese argues that the vast power and resources of the Special Counsel’s office require that anyone appointed to the position be confirmed by the Senate.

Smith was a former hack in the Obama Justice Department who was never confirmed by the Senate.

“Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor,” Meese’s brief states. “Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos.”

Meese argues that Smith’s unconstitutional appointment should end his case against Trump. 

He notes that no law governing Special Counsels, “nor any other statutory or constitutional provisions, remotely authorized the appointment by the Attorney General of a private citizen to receive extraordinary criminal law enforcement power under the title of Special Counsel.”

Law professor Josh Blackman and attorney Gene Schaerr will argue Meese’s position in court, while law professor Matthew Seligman will argue to keep Smith on the case.

Blackman told the New York Sun that Smith has gotten “too big for his britches” in his role as Special Counsel.

Judge Cannon could end Jack Smith’s criminal cases against Donald Trump over classified documents if she ruled that his appointment was unconstitutional.

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