Hearing on Whether Jack Smith Was “Unlawfully Appointed” Scheduled by Judge Cannon

Judge Aileen Cannon, the judge overseeing his classified documents trial, has once again outraged the far Left. She will hold a hearing on whether Special Counsel Jack Smith should be declared “unlawfully appointed” as a prosecutor.

Judge Cannon will hear from multiple lawyers on both sides and independent legal experts during the forthcoming “sprawling hearing,” as Yahoo News describes it. You can expect this to be a lengthy hearing.

Trump’s argument concerns the process for appointing Special Counsels. If a U.S. attorney were to be handling Trump’s Mar-a-Lago case in Florida, nobody would be questioning their authority.

The issue is Smith was appointed as Special Counsel under federal regulations establishing the procedure for doing so – bureaucratic regulation, not congressionally passed law. And that’s the rub here. The statutory authority to appoint someone like Smith is murky at best.

What we do know is that a Special Counsel must be an independent figure brought in by the U.S. government to aid in an investigation. The issue here is whether a Special Counsel is deemed a principal officer of the United States, meaning they must be nominated first by the President and confirmed by the Senate.

As Trump’s legal team points out, Smith was neither nominated by President Biden nor confirmed by the Senate. Smith received the job after Attorney General Merrick Garland appointed him, but at the time he wasn’t a DOJ employee or officer. Trump’s legal team isn’t on an island here; Supreme Court Justice Clarence Thomas also questioned the viability of Smith’s appointment based on constitutional grounds.

The far Left might be outraged that Judge Cannon is allowing this constitutional issue to be raised. But let’s take a step back and review what’s at stake here.

This is a Special Counsel going after a former President of the United States and seeking imprisonment. Instead of criticizing Judge Cannon, the media should be glad that she’s taking her time to ensure the case is handled legitimately and properly. The political prosecution of Trump will undoubtedly set precedents for trials involving future U.S. Presidents.

The ACLJ has often criticized the use of Special Counsels in the past. We don’t believe the outside appointments are necessary and are a waste of taxpayers’ money and time. Why can’t the Department of Justice, which employs thousands of lawyers, trust its own employees to do a competent job?

Today is also the 80th anniversary of D-Day, one of the most significant dates in World War II. Former U.S. Rep. Tulsi Gabbard, who also continues to serve as a lieutenant colonel in the military, spoke on the importance of remembering monumental events like D-Day:

We unfortunately get so caught up, oftentimes, in the political games, or it’s us versus them. And this is really what you and I talk about quite often. What about freedom? What about the cost of freedom? What about the Constitution, and also recognizing the threats to our freedom right here at home? It would be an amazing thing for us here across the country to reignite that flame of liberty and freedom. And remember those who paid the price.

2,501 U.S. soldiers died on June 6, 1944. We must never forget the ultimate sacrifice so many made to preserve our liberty. It’s also why the ACLJ continues to fight for liberty both at home and abroad.

Today’s Sekulow broadcast included a full analysis of the forthcoming hearing to determine if Special Counsel Jack Smith’s appointment was unconstitutional. Also, ACLJ Senior Counsel for International and Government Affairs Jeff Ballabon reacted to rising tensions on the Israeli-Lebanese border.

Watch the full broadcast below: