Former President Donald Trump’s legal team filed a motion Thursday to dismiss special counsel Jack Smith’s election interference case, alleging that Smith’s appointment was unlawful and that he should no longer receive taxpayer funds, according to court filings.
The motion escalates the ongoing case between Trump and Smith, which has seen increased activity over the past month. On October 2, Judge Tanya Chutkan released a redacted 165-page brief from Smith, detailing evidence against Trump. Trump’s lawyers argue the case is unconstitutional, claiming it violates the “Appointments and Appropriations Clauses” because Smith was not “properly appointed by law.”
READ: Trump Vows To Fire Special Counsel Jack Smith “Within 2 Seconds” If Re-Elected
“Even if Smith were a legitimate officer, which he is not, he would be a principal officer rather than an inferior one, and his appointment is unconstitutional, as he was neither nominated by the President nor confirmed by the Senate,” the filing contends. It further argues that Smith’s role, without effective oversight and with broad jurisdiction, violates the Constitution’s Appointments Clause.
Attorney General Merrick Garland appointed Smith in November 2022 to oversee the investigation. Trump’s legal team contends Smith’s appointment as a private citizen was a targeted move without proper statutory authority, asserting that it violated constitutional guidelines as Trump campaigned for the presidency.
Citing a recent ruling from July 15, where Judge Aileen Cannon dismissed Smith’s separate case regarding Trump’s handling of classified documents on similar grounds, Trump’s filing referenced U.S. Supreme Court Justice Clarence Thomas’ opinion on presidential immunity, suggesting that Smith’s role may be structurally unconstitutional.
In further support of their motion, Trump’s attorneys called for an end to Smith’s access to public funds, arguing that the special counsel’s office has been “improperly drawing from the Treasury without statutory authorization.” They contend that Smith’s office has spent over $36 million targeting Trump and his associates during the campaign season without proper appropriations from Congress.
Trump’s team also referenced recent remarks by President Joe Biden at a New Hampshire Democratic National Committee office, where Biden commented on “locking up” Trump before clarifying he meant politically.
During an interview with radio host Hugh Hewitt on Thursday, Trump reiterated his stance, stating he would fire Smith “within two seconds” if he wins the 2024 election, calling him “crooked.”
Trump’s lawyers opposed the public release of Smith’s new briefing on presidential immunity, but Judge Chutkan denied the request, releasing the evidence. In an October 18 response, Chutkan remarked that withholding evidence could be construed as “election interference.”
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