In the Donald Trump documents case in Florida with Judge Aileen Cannon, they are arguing whether or not Jack Smith was legally appointed.
DOJ prosecutor James Pearce based his argument on precedent and said that declaring Smith’s appointment as unlawful would invite the potential for “pernicious consequences.” They say Garland has the authority to appoint Smith and other special counsels under U.S. Code 28 Section 516.
In response to the Trump defense team’s argument that Smith operates without any oversight.
The prosecutor told Cannon that while the team operates independently on a daily basis, Garland still maintains the authority to question them over any steps they take.
That’s not reassuring who see Garland’s DOJ as pernicious and operating on a partisan ideology weaponizing the law.
Emil Bove, former President Trump’s defense attorney, used the phrase “shadow government” while arguing against the validity of Special Counsel Jack Smith’s appointment in a Florida hearing on Friday.
Bove mentioned the term while describing a situation in which inferior officers, unconfirmed by the Senate, are put in power. “These are the risks we are running,” he said.
Trump’s counsel does not believe Garland has the authority.
Bove claimed, “The text of these statues can’t be used to appoint an official… maybe an employee.”
Bove explained that Smith doesn’t report to a superior who provides oversight but operates as a “free-floating principal officer.”
Trump’s team is making the case that because of the improper appointment, the entire classified documents case against the former president should be dismissed.
It’s a long shot.
More hearings will take place on June 24th and 25th.
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