Scrutiny Over Jack Smith’s Potentially ‘Unlawful’ Appointment Could Undermine His Prosecution Of Trump

The constitutionality of special counsel Jack Smith’s appointment will be put to the test next week during a hearing before U.S. District Court Judge Aileen Cannon.

Cannon, who already indefinitely postponed former President Donald Trump’s classified documents trial in May, will hear arguments June 21 on whether the entire case should be dismissed based on Smith’s allegedly “unlawful” appointment. Trump’s attorneys argue Smith, a private citizen neither nominated by the president nor confirmed by the Senate at the time of his November 2022 appointment by Attorney General Merrick Garland, lacks the authority to even bring charges.

Trump faces 41 felony counts in his Florida case. He was initially indicted last June on charges relating to his handling of classified documents.