Jack Smith’s team said U.S. District Judge Aileen Cannon made a grievous mistake by ruling that Smith was unlawfully appointed by Attorney General Merrick Garland.
Special counsel Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington., saying a judge’s decision that dismissed the prosecution was at odds with longstanding Justice Department practice and must be reversed.
“The Attorney General validly appointed the Special Counsel, who is also properly funded,” prosecutors wrote. “In ruling otherwise, the district court deviated from binding Supreme Court precedent, misconstrued the statutes that authorized the Special Counsel’s appointment, and took inadequate account of the longstanding history of Attorney General appointments of special counsels.”
In a statement Monday, Trump campaign spokesman Steven Cheung said “not only should the dismissal of the Lawless Indictment in Florida be affirmed, but be immediately joined by a dismissal of ALL the Witch Hunts.” But the clause also includes an exception for what it says are “inferior officers” who can be appointed directly by the head of an agency. Smith, according to the Justice Department, fits that category and Garland was empowered to name him directly to the role of special counsel.by Garland to investigate Trump’s handling of the documents as well as his efforts to undo the 2020 presidential election ahead of the Jan. 6, 2021, riot at the U.S. Capitol.
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