Hearing Underway To Potentially Dismiss Special Counsel From Classified Docs Case

A hearing in Florida has begun which centers on the validity of Jack Smith serving as a special prosecutor in the case. 

In December, former Attorney General Edwin Meese filed an amicus brief with the Supreme Court arguing that Smith’s appointment as special counsel was unlawful and therefore he can’t prosecute Trump. 

Fox News has more:

Attorney General Merrick Garland appointed Smith to the position when he was working as a private citizen, with Meese arguing he should have been selected by the president, then confirmed by the Senate, and working within the Justice Department to serve as special counsel. 

Judge Aileen Cannon will hear from a handful of experts not directly involved in the case regarding the argument Smith is unqualified to serve as special counsel, including from Meese. 

The hearing comes after Trump’s trial in the case was delayed as Cannon works through a bevy of motions to dismiss the case. 

The FBI seized 33 boxes of documents in August 2022 from Trump’s Mar-a-Lago estate in Florida. Trump was charged with 40 felony counts, including allegedly violating the Espionage Act, making false statements to investigators and conspiracy to obstruct justice. 

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