According to a report by Newsweek on Wednesday, June 19, 2024, Judge Aileen Cannon is set to preside over a crucial hearing on Friday to determine whether Special Counsel Jack Smith has the legal authority to prosecute former President Donald Trump.
This follows a motion filed by Trump’s legal team, arguing that the Justice Department had no legal basis to appoint a special counsel solely focused on prosecuting Trump.
Trump faces 40 federal charges related to his handling of classified materials seized from his Mar-a-Lago estate in Palm Beach, Florida, after his departure from the White House in January 2021.
The charges also include allegations of obstructing federal efforts to retrieve these sensitive documents.
Trump has firmly denied all charges, pleading not guilty.
As the legal proceedings intensify, both Trump’s attorney and the special counsel’s office were contacted by Newsweek for comments but have yet to respond.
Adding to the complexity of the case, law professor Seth Barrett Tillman and the conservative advocacy group Landmark Legal Foundation have filed a motion seeking to submit additional documents.
Judge Cannon has permitted both parties to submit “amicus” briefs, which are expert opinions that could influence the court’s decision.
Landmark Legal Foundation, which advocates an “originalist” interpretation of the Constitution, states on its website that it defends the nation’s core principle of liberty.
Barrett Tillman, who has been a law professor at Maynooth University in Ireland for over a decade, joined forces with the foundation to challenge the legitimacy of Smith’s appointment.
In their joint motion, they argue that Smith is merely an employee and does not hold an official office under the U.S. Constitution.
They contend that funding Smith independently of the Department of Justice violates constitutional provisions.
Judge Cannon’s order, issued on May 7, set the stage for this week’s hearing on the defense’s motion to dismiss the indictment based on the alleged unlawful appointment of the special counsel.
This hearing is scheduled for 9:30 a.m. on Friday in Florida.
Further complicating the case, Trump’s legal team filed a motion on June 11, accusing President Joe Biden of giving Smith a “blank check” to target Trump.
They claim Smith acts as a surrogate for Biden in his reelection campaign, asserting that the Department of Justice’s funding of Smith breaches the Appropriations Clause, which governs how Congress allocates public funds.
Trump’s attorneys, Todd Blanche and Chris Kise, stated, “U.S. Attorney General Merrick Garland unleashed Smith as a Biden campaign surrogate to try to harm President Trump’s campaign by any means necessary.”
They argue that the funding for Smith’s activities starkly contrasts with the budget limitations imposed on other parts of the Department of Justice.
The stakes are high not only in Florida but also in Washington, D.C., where Smith is prosecuting Trump on four counts related to efforts to overturn the 2020 election results leading up to the January 6, 2021, Capitol riot.
Trump, the leading Republican presidential contender, has pleaded not guilty to these charges as well.
Meanwhile, the election interference case has hit a pause as the Supreme Court deliberates on Trump’s claim of presidential immunity from prosecution.
