Donald Trump filed one nasty legal surprise that could get Jack Smith fired

Feb 28, 2024

Attorney General Merrick Garland appointed special counsel Jack Smith to help Joe Biden win re-election by convicting Donald Trump.

But Trump isn’t taking this lawfare lying down.

And Donald Trump filed one nasty legal surprise that could get Jack Smith fired.

Trump’s lawyers file motion saying to dismiss Smith’s classified documents charges on grounds Smith’s appointment is unconstitutional

Donald Trump’s lawyers filed a slew of motions seeking to dismiss Jack Smith’s charges in the Mar-a-Lago documents hoax, arguing Attorney General Merrick Garland’s selecting Smith as special counsel violated Article II’s appointment clause.

The appointment clause makes it clear that the Senate needs to confirm “Officers of the United States” that aren’t created by law.

“[the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law,” the appointment clause read.

Congress allowed the Independent Counsel Act to lapse in 1999 following Bill Clinton’s impeachment.

Trump’s lawyers argued this means the Senate must confirm a “private citizen” for their position, which clearly never happened in this case.

“The Appointments Clause does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States. As such, Jack Smith lacks the authority to prosecute this action,” Trump’s lawyers argued.

“That is a serious problem for the rule of law—whatever one may think of former President Trump, or the conduct Smith challenges in the underlying case,” the motion continued. “This is an issue of first impression in the Eleventh Circuit, and it requires that the Superseding Indictment be dismissed.”

“As a result, because neither the Constitution nor Congress have created the office of the ‘Special Counsel,’ Smith’s appointment is invalid and any prosecutorial power he seeks to wield is ultra vires,” the motion added.

Judge Aileen Cannon faces decision to dismiss politically-motivated witch hunt

The ball is now in Judge Aileen Cannon’s court.

Attorney General Merrick Garland appointed Smith – a rogue prosecutor with a history of unconstitutional and lawless indictments against Republicans thinking of running for President – just one week after Trump launched his re-election campaign.

Joe Biden also made it known through leaks to the press that the Department of Justice needed to move fast to arrest, try, and convict Trump.

An NBC News poll showed a five-point Trump lead would flip to a two-point Biden advantage in the event of a criminal conviction.

Simply put, Joe Biden’s entire re-election strategy rests on convicting Trump in one of the rigged show trials his Democrat prosecutors are putting on for Donald Trump.

Trump argued these are all political persecutions put on by the ruling party because polls show Trump favored to win the Presidency.

If Judge Cannon tosses the charges against Trump for any reason, that will provide rocket fuel for his campaign.

*24/7 Politics Official Polling*

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