Judge Hears Arguments on Trump Motion to Dismiss Classified Documents Case

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U.S. District Judge Aileen Cannon is hearing arguments today on whether special counsel Jack Smith’s appointment was lawful. Former President Donald Trump has moved to dismiss his classified documents case, claiming the special counsel’s appointment and funding were unlawful.

U.S. Attorney General Merrick Garland in November 2022 appointed Mr. Smith as special counsel to investigate cases against former President Trump with the goal of allowing the Justice Department to maintain independence, as the former president had just announced his intention to seek reelection. Defense attorneys argue Mr. Garland had no authority to make such an appointment.

Mr. Smith is currently prosecuting two cases against former President Trump. In the District of Columbia, he has charged the former president with four counts related to his actions on January 6, 2021. This case has been paused for months, awaiting a Supreme Court review on a presidential immunity issue.

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