Trump claims Smith was illegally named in election documents and filings

Washington — Former President Donald Trump urged two separate federal courts to drop criminal charges brought against him by special counsel Jack Smith, arguing in both cases that Smith was appointed illegally and lacked the necessary legal backing to pursue these cases.

Trump's requests were made to the federal district court in Washington, D.C., which is overseeing the case stemming from the 2020 election, and to the U.S. Court of Appeals in Atlanta, which is reviewing a lower court ruling that dismissed the separate case arising from the 2020 election. the former president's alleged mishandling of classified documents.

In the case in Washington, Trump is seeking to file a motion to dismiss the four criminal charges against him based on the legality of Smith's appointment of a special counsel. A South Florida District Court judge, who is overseeing the documents case, ordered an end to those lawsuits in July after finding that Smith was unconstitutionally appointed and funded.

The special prosecutor appealed that decision earlier this year, arguing that U.S. District Judge Aileen Cannon made an incorrect decision. He is also expected to oppose Trump's attempt to drop charges stemming from what prosecutors say was an illegal attempt by the former president to retain power after the 2020 election.

The case of documents

The federal appeals court is set to decide whether to revive Smith's lawsuit against Trump over his handling of sensitive government records and his alleged attempts to obstruct the Justice Department's investigation.

But in a filing Friday with that court, the U.S. Court of Appeals for the 11th Circuit, Trump's legal team argued that the decision by Cannon, who was appointed by the former president, was sound and should be maintained.

“There is no, and never has been, basis for Jack Smith’s illegal crusade against President Trump,” his lawyers wrote. “For nearly two years, Smith operated illegally, using a largely uncontrolled blank check drawn on taxpayer dollars.”

They argued that the appeal involved issues that pose risks to the institution of the presidency and said the district court's decision was correct based on the text, history, structure and practices.

Prosecutors say Trump kept sensitive government documents at his South Florida estate, Mar-a-Lago, after leaving the White House in January 2021 and thwarted government efforts to recover the documents. The special prosecutor also accused Trump and two employees of obstructing the federal investigation. He and his two co-defendants, Walt Nauta and Carlos de Oliveira, have pleaded not guilty. Cannon has denied the charges against all three defendants.

The FBI recovered more than 100 documents with classification marks during a court-authorized search at Mar-a-Lago in August 2022 and prosecutors later revealed that boxes of files were kept on a scene in the ballroom of the estate, in a bathroom and shower, and in a storage room.

Trump has claimed the criminal charges against him were politically motivated and has denied any wrongdoing. He sought to dismiss the indictment on numerous grounds, including the argument that Smith did not have the legal authority to file charges at all because of the way Attorney General Merrick Garland charged him. had appointed in 2022.

The former president's legal team argued that Smith's independent position within the Justice Department violated the Constitution. But Smith's team pushed back, arguing in court filings that the appointment of a special counsel was supported by Justice Department precedent that had been validated in previous cases by other federal courts.

The most recent involves the appointment of Robert Mueller in 2017 to oversee an investigation into Russian efforts to interfere in the 2016 presidential election. The federal appeals court in Washington, D.C., upheld Mueller's appointment in 2019.

Cannon held several days of arguments in June to examine the constitutionality of Smith's nomination before issuing his ruling dismissing all 40 charges against the former president.

“The bottom line is this: The Appointments Clause is a critical constitutional restriction arising from the separation of powers, and it gives Congress a thoughtful role in determining whether to grant appointment power to lesser officers.” , she wrote. “The special counsel's position effectively usurps this important legislative authority, transferring it to a department head and thereby threatening the structural freedom inherent in the separation of powers.”

In addition to finding that Smith's appointment violated the Appointments Clause, Cannon said the special prosecutor's office withdrew funds from the Treasury without legal authority, in violation of the Appropriations Clause.

Cannon's ruling — and Trump's filings — cite a concurring opinion from Justice Clarence Thomas in the 2020 election case involving Trump, which he sought to dismiss on grounds of presidential immunity. The Supreme Court has ruled that former presidents are immune from prosecution for official acts performed in the White House, and Thomas wrote separately to question the legality of Smith's nomination. No other justice joined Thomas' opinion and it is not binding.

Smith asked the 11th Circuit to review Cannon's decision and resurrect the case against Trump, arguing that the special prosecutor was “validly appointed” by the attorney general and properly funded.

“In ruling otherwise, the district court departed from binding Supreme Court precedent, misinterpreted the statutes authorizing the appointment of special counsels, and failed to adequately consider the long history of special counsel appointments by the Attorney General,” prosecutors said in their opening brief to the trial. court of appeal.

The question of whether Smith was legally appointed could end up before the Supreme Court.

The case of the 2020 elections

Election proceedings in Washington were suspended for months while the Supreme Court considered whether Trump was entitled to immunity from suit, but they resumed in September. Following the high court's ruling, a federal grand jury returned a superseding indictment that charged Trump with four counts, but narrowed the allegations against him to comply with the new framework of the High Court on presidential immunity.

Trump has pleaded not guilty. He is expected to again ask that the case be dismissed on immunity grounds, but in a filing Thursday he also argued that the charges should be dropped because Smith was illegally appointed. The former president also wants the judge to prohibit the specialist and his office from spending more public funds.

“Everything Smith has done since Attorney General Garland's appointment, while President Trump continued his high-profile campaign against President Biden and then Vice President Harris, was illegal and unconstitutional,” Trump's lawyers wrote.

They said their proposed motion to dismiss the indictment “establishes that this unjust case was dead on arrival – unconstitutional before it even began.”

Trump's team argued that Smith's nomination was “patently unconstitutional” because he was not nominated by the president or confirmed by the Senate.

As for funding the special counsel, the defense claimed Smith was operating with a “blank check.”

Smith is expected to have his turn to bolster his nomination in the coming weeks and will likely echo the defenses he deployed in the classified documents affair.

Chutkan, as a federal judge in Washington, is not required to abide by the ruling in the other lawsuit filed against Trump and indicated that she disagreed with Cannon's conclusion that Smith's appointment was outside constitutional bounds.

At a hearing in September, Chutkan said she did not find that decision “particularly compelling” and noted that she was bound by the D.C. Circuit's 2019 decision upholding an earlier special counsel appointment.

Trump is fighting for a second term in the White House and has said he would fire Smith “in two seconds” if he beats Vice President Kamala Harris in the presidential election.

More from CBS News

Melissa Quinn

Melissa Quinn is a politics reporter for CBSNews.com. She has written for media outlets including the Washington Examiner, the Daily Signal, and the Alexandria Times. Melissa covers American politics, with an emphasis on the Supreme Court and federal courts.

What Are The Main Benefits Of Comparing Car Insurance Quotes Online

LOS ANGELES, CA / ACCESSWIRE / June 24, 2020, / Compare-autoinsurance.Org has launched a new blog post that presents the main benefits of comparing multiple car insurance quotes. For more info and free online quotes, please visit https://compare-autoinsurance.Org/the-advantages-of-comparing-prices-with-car-insurance-quotes-online/ The modern society has numerous technological advantages. One important advantage is the speed at which information is sent and received. With the help of the internet, the shopping habits of many persons have drastically changed. The car insurance industry hasn't remained untouched by these changes. On the internet, drivers can compare insurance prices and find out which sellers have the best offers. View photos The advantages of comparing online car insurance quotes are the following: Online quotes can be obtained from anywhere and at any time. Unlike physical insurance agencies, websites don't have a specific schedule and they are available at any time. Drivers that have busy working schedules, can compare quotes from anywhere and at any time, even at midnight. Multiple choices. Almost all insurance providers, no matter if they are well-known brands or just local insurers, have an online presence. Online quotes will allow policyholders the chance to discover multiple insurance companies and check their prices. Drivers are no longer required to get quotes from just a few known insurance companies. Also, local and regional insurers can provide lower insurance rates for the same services. Accurate insurance estimates. Online quotes can only be accurate if the customers provide accurate and real info about their car models and driving history. Lying about past driving incidents can make the price estimates to be lower, but when dealing with an insurance company lying to them is useless. Usually, insurance companies will do research about a potential customer before granting him coverage. Online quotes can be sorted easily. Although drivers are recommended to not choose a policy just based on its price, drivers can easily sort quotes by insurance price. Using brokerage websites will allow drivers to get quotes from multiple insurers, thus making the comparison faster and easier. For additional info, money-saving tips, and free car insurance quotes, visit https://compare-autoinsurance.Org/ Compare-autoinsurance.Org is an online provider of life, home, health, and auto insurance quotes. This website is unique because it does not simply stick to one kind of insurance provider, but brings the clients the best deals from many different online insurance carriers. In this way, clients have access to offers from multiple carriers all in one place: this website. On this site, customers have access to quotes for insurance plans from various agencies, such as local or nationwide agencies, brand names insurance companies, etc. "Online quotes can easily help drivers obtain better car insurance deals. All they have to do is to complete an online form with accurate and real info, then compare prices", said Russell Rabichev, Marketing Director of Internet Marketing Company. CONTACT: Company Name: Internet Marketing CompanyPerson for contact Name: Gurgu CPhone Number: (818) 359-3898Email: [email protected]: https://compare-autoinsurance.Org/ SOURCE: Compare-autoinsurance.Org View source version on accesswire.Com:https://www.Accesswire.Com/595055/What-Are-The-Main-Benefits-Of-Comparing-Car-Insurance-Quotes-Online View photos