Trump Reveals Dark Secret Details Of Jack Smith’s Past That Could Land Him In More Dangers

by Jessica
Jack Smith

Former President Donald Trump has challenged the legitimacy of Special Counsel Jack Smith, who is leading the investigation into Trump’s alleged mishandling of classified documents after he left office.

Trump’s lawyers filed a series of motions in an attempt to dismiss the federal case against him, arguing that Smith was improperly appointed by Attorney General Merrick Garland without Senate confirmation, as reported by Newsweek on Friday, February 23, 2024.

The former president faces 40 charges over accusations that he illegally retained classified materials, such as national security briefings and intelligence reports, when he departed the White House in January 2021.

He is also accused of obstructing the federal effort to recover the documents, which are considered presidential records and property of the United States.

Trump has pleaded not guilty to all charges and has invoked several defenses, including the controversial claim that he enjoys absolute immunity from prosecution as a former president.

His lawyers also contend that the Presidential Records Act allows Trump to keep the sensitive materials as his records since he designated them as such while he was in office.

However, one of the most contentious arguments raised by Trump’s legal team is that Smith’s appointment as Special Counsel was unlawful and violated the Constitution.

Smith, a former federal prosecutor and law professor, was appointed by Garland in November 2022 to take over the investigation from the Justice Department’s National Security Division.

According to Trump’s lawyers, Smith’s appointment contravened the Appointments Clause and the Appropriations Clause of the Constitution, which require that principal officers of the United States, such as Special Counsels, be nominated by the president and confirmed by the Senate.

They also claim that Smith’s appointment violated the federal law that governs the appointment of Special Counsels, which states that they must be selected from among current or former Justice Department employees.

“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,” Trump’s lawyers wrote in one of the motions.

“As such, Jack Smith lacks the authority to prosecute this action.”

The Justice Department has not yet responded to Trump’s motions, but it is expected to defend Smith’s appointment and authority.

Smith, who has been conducting the investigation quietly and discreetly, has not commented publicly on the case.

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