Judge to Decide Whether Jack Smith Lawfully Appointed, Has Power to Prosecute

FORT PIERCE, Fla.—U.S. District Court Judge Aileen Cannon heard arguments over special counsel Jack Smith’s appointment and the scope of his powers on June 21, as former President Donald Trump filed a motion to dismiss his classified documents case on the basis that the special counsel was unlawfully appointed, making his actions null and void. In addition to Emil Bove arguing for the defense and James Pearce arguing for the prosecution, attorneys Matthew Seligman, Josh Blackman, and Gene Schaerr represented three groups of former government officials and legal experts who weighed in on the matter. At the core of the defense’s argument is that the special counsel appointment violates the Appointments Clause, which states that officers need to be nominated by the president and confirmed by the Senate. However, it also allows Congress to enact laws that give department heads the authority to appoint inferior officers who report to the department head without such a confirmation process....