Mar-a-Lago judge wants to hear more from the state and the defense about unlawful appointment and funding of Jack Smith [View all]
Source: Law & Crime
May 29th, 2024, 7:34 pm
The judge overseeing Donald Trump’s Mar-a-Lago classified documents case has given a big hint as to how she will analyze, if not how she will rule on, a defense effort to dismiss the case over allegations that special counsel Jack Smith was unlawfully appointed. In February, Trump’s defense filed a 16-page motion to dismiss, arguing the special counsel’s office was created in violation of the appointments clause of the U.S. Constitution and funded in violation of the appropriations clause.
The motion argues the proper remedy for such alleged violations is the dismissal of the entire indictment. Since then, however, the U.S. Supreme Court has delved into similar appropriations issues – by upholding Federal Reserve funding of the Consumer Financial Protection Bureau (CFPB). That case, notably, did not encapsulate any questions related to the appointments clause. Still, U.S. District Judge Aileen Cannon would like to talk about it.
Titled, “President Trump’s Motion to Dismiss the Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith,” the brief largely repeats arguments that have failed to remove authority from a special counsel in the past – specifically Robert Mueller during the long-drawn-out Russiagate investigation.
A hearing over Trump’s motion to dismiss is slated to occur on June 21. By June 11, the court wants the prosecution and the defense to submit supplemental briefs “on what impact, if any, the Supreme Court’s decision” in the pro-CFPB case has on the appropriations clause argument. The judge gave the parties a 15-page limit on those arguments – “exclusive of title/certificates, etc.”
Read more: https://lawandcrime.com/high-profile/mar-a-lago-judge-wants-to-hear-more-from-the-state-and-the-defense-about-unlawful-appointment-and-funding-of-jack-smith-in-light-of-recent-scotus-ruling-on-appropriations/
Full headline: Mar-a-Lago judge wants to hear more from the state and the defense about ‘unlawful appointment and funding’ of Jack Smith in light of recent SCOTUS ruling on appropriations
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