Judge Aileen Cannon, who is overseeing Donald Trump’s classified documents case, is considering suggestions from legal scholars that could lead to someone overseeing Special Counsel Jack Smith. This comes amid claims that Smith’s appointment by Attorney General Merrick Garland was unlawful and that the federal charges against Trump should be dismissed.
Trump is facing 40 federal charges related to his handling of classified materials retrieved from his Mar-a-Lago estate in Palm Beach, Florida, after his presidency ended in January 2021. He is also accused of obstructing federal efforts to retrieve these documents. Trump has pleaded not guilty to all charges.
Previously, Judge Cannon faced criticism for holding extensive hearings to address the constitutionality of Smith’s appointment, arguing it was invalid as it was not approved by the Senate. Cannon, a Trump appointee, has delayed the federal trial indefinitely while considering several legal arguments, including motions from Trump’s legal team to dismiss the charges.
Cannon’s approach includes hearing from both Trump’s defense team and Smith’s office on the legality of Smith’s appointment. Unusually, she also allowed input from legal experts not directly involved in the case. Among those presenting arguments is law professor Joshua Blackman, who will represent another scholar, Seth Barrett Tillman.
Tillman contends that Smith, having been appointed specifically to prosecute Trump, holds a temporary position and should be considered an “employee” rather than an “Officer of the United States,” as required by law. He argues that Smith’s exercise of authority violates the Supreme Court’s Appointments Clause jurisprudence. Tillman also suggested that Smith could only operate under the supervision of the U.S. Attorney for the Southern District of Florida.
It remains uncertain whether Judge Cannon will appoint an attorney to oversee Smith in the classified documents case. Meanwhile, Joyce Vance, a former federal prosecutor and frequent Trump critic, expressed skepticism about the success of attempts to challenge Smith’s appointment. Vance pointed out that similar arguments had been unsuccessful in previous cases, including those involving Hunter Biden and during the Robert Mueller investigation.
Palm Beach County State Attorney Dave Aronberg criticized Cannon’s decision to allow external arguments regarding Smith’s appointment, labeling it “highly unusual” and suggesting that most judges would have dismissed such claims.
As the hearings continue, the legal and political implications of the case remain significant, with Judge Cannon’s upcoming decisions potentially shaping the future of the classified documents investigation and its impact on Trump’s legal challenges.