Trump Seeks Dismissal of Mar-a-Lago Case, Says Jack Smith Lacks Authority

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The former president and his legal team argued that special counsel Jack Smith โ€˜lacks the authorityโ€™ to prosecute the case.

Former President Donald Trump filed several motions to dismiss a classified documents case being pursued against him in Florida on Thursday, arguing that, amongst other things, special counsel Jack Smith โ€œlacks the authorityโ€ to prosecute the case.

In one of four motions, attorneys for the former president contend that neither the U.S. Constitution nor Congress had officially established the special counselโ€™s office, rendering Mr. Smithโ€™s appointment invalid.

Furthermore, they argue that the special counselโ€™s office is being funded โ€œoff the booksโ€ by the Biden administration.

The motion, which cites the Appointments Clause, argues that Attorney General Merrick Garland did not have the authority to appoint a โ€œlike-minded political allyโ€ as special counsel โ€œwithout Senate confirmation.โ€

โ€œAs such, Jack Smith lacks the authority to prosecute this action,โ€ the motion reads.

President Trumpโ€™s lawyers argue that the only remedy is to dismiss the superseding indictment.

The Appointments Clause stipulates that all federal offices, except for the presidentโ€™s, must be established by Congress and appointed with the advice and consent of the Senate. This is with the exception of federal offices created through the Necessary and Proper Clause, which empowers Congress to make laws necessary and proper for carrying into execution the powers vested in the government.

โ€œThere is, however, no statute establishing the Office of Special Counsel,โ€ the motion reads.

โ€œAs a result, because neither the Constitution nor Congress have created the office of the โ€˜Special Counsel,โ€™ Smithโ€™s appointment is invalid and any prosecutorial power he seeks to wield is ultra vires,โ€ meaning beyond his authority.

Funding of Smithโ€™s Office Challenged

In addition to arguing that Mr. Smithโ€™s appointment was unlawful, the four motions argued that the case should be dismissed on the basis of presidential immunity, the Presidential Records Act, and unconstitutional vagueness.

Mr. Garland appointed Mr. Smith as special counsel on Nov. 18, 2022, to โ€œprosecute federal crimes arising from the investigationโ€ into President Trumpโ€™s handling of classified documents seized from his Mar-a-Lago estate in Palm Beach.

President Trumpโ€™s attorneys argue in their Thursday filing that Mr. Smith, at best, is classified as an employee rather than an โ€œofficerโ€ under the statutes cited by Mr. Garland in making his appointment, which they say lacks the legal foundation required by the Appointments Clause.

Byย Caden Pearson

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