A judge in Donald Trump's classified documents case will hear arguments on removing Special Counsel Jack Smith, which is considered unusual.
According to Newsweek, Judge Aileen Cannon has decided to hear arguments on June 21 concerning Special Counsel Jack Smith's continued involvement in the prosecution of Donald Trump. This decision has drawn criticism for its unusual nature, as the arguments will come from individuals not directly involved in the federal case. The primary contention is that Attorney General Merrick Garland unlawfully appointed Smith without the necessary Senate approval.
Judge Cannon's decision to hear from outside parties is not common practice in federal cases. Legal experts, including Palm Beach County State Attorney Dave Aronberg, have labeled the move "highly unusual." Joyce Vance, former federal prosecutor and legal expert, discussed the matter in her blog, noting that previous attempts to challenge the validity of a Special Counsel's appointment have failed.
Aronberg has pointed out that most judges would have dismissed such claims already. Vance echoed this sentiment, highlighting the rare nature of the hearing. She noted that similar arguments were rejected in the Hunter Biden and Robert Mueller investigations.
The hearing will include arguments from notable individuals who are not directly involved in the case. One of these individuals is Edwin Meese, who served as Attorney General under Ronald Reagan. Meese will argue that Smith's appointment was illegal, alleging that Garland lacked the authority to appoint him without Senate approval.
In 1986, Meese appointed Lawrence Walsh as Iran-Contra special counsel, a move that was later upheld by the Court of Appeals in 1987. Vance remarked on the irony of Meese's current stance, given his past actions and the legal precedents they set. She explained that the regulations Garland used are based on the same statutory authorities used when new Special Counsel regulations were promulgated in 1999 by Janet Reno.
Joyce Vance highlighted the unusual nature of the proceedings:
Judge Cannon has set a day and a half of argument over this matter, including taking the unusual step of hearing from amici—lawyers who do not represent parties in the case but who filed briefs on both sides of the issue as 'friends of the court.'
Judge Cannon has held the classified documents trial indefinitely while these arguments are heard. The trial was initially scheduled to start in May but has been delayed indefinitely. This delay means it is almost certain that Trump will not face a jury before the November election.
Trump faces 40 federal charges related to the illegal retention of classified materials and obstruction of federal efforts to retrieve them. He has pleaded not guilty to all charges. The delay in the trial proceedings has significant implications for the upcoming election, as the trial may extend beyond the election period.
The controversy centers on the legality of Special Counsel Jack Smith's appointment. Critics argue that Attorney General Merrick Garland appointed Smith without the necessary Senate approval, making the appointment unlawful. This argument will be a central focus of the June 21 hearing.
Vance noted that similar attempts to challenge a Special Counsel's validity have previously failed. She cited the example of Hunter Biden's case and the Robert Mueller investigation, where such claims were dismissed. Aronberg supported this view, suggesting that most judges would have dismissed these claims already.
Dave Aronberg criticized the decision:
Especially for the claim that the special counsel is unconstitutional. Most other judges would have dismissed these claims already.
Judge Aileen Cannon's decision to hear arguments from outside parties regarding the removal of Special Counsel Jack Smith has sparked significant controversy. Legal experts have criticized the move as highly unusual, noting that similar challenges have failed in the past. The hearing, scheduled for June 21, will include arguments from notable figures, including former Attorney General Edwin Meese. This development has delayed the classified documents trial indefinitely, likely pushing it beyond the November election. Trump's legal team and the federal prosecution await the outcome of this unprecedented hearing.
