Jack Smith Doesn't 'Mince Words' in New Aileen Cannon Motion—Legal Analyst
NewsweekJun 19
Trump Classified Docs Case: Hearings on Special Counsel Funding, Gag Order
Above: Special counsel Jack Smith Image copyright: Drew Angerer/Staff/Getty Images News via Getty Images
The Facts
Lawyers for Justice Department (DOJ) special counsel Jack Smith's office Monday answered questions from the judge presiding over former Pres. Donald Trump's classified documents case about how the special counsel's investigation is being funded.
During the two-hour hearing, which was a continuation of proceedings from Friday, US District Judge Aileen Cannon said the funding could be a "separation of powers concern." Trump's attorneys are attempting to have the case dismissed on the grounds Smith was unlawfully appointed.
The Spin
Anti-Trump narrative
These hearings are dealing with legal issues that have already been determined. The only reason Cannon, a Trump appointee, is holding them is to make sure she slow-walks this case past Election Day. Trump's only hope is to win the presidency and then close Smith's investigation, so delaying is the name of his game.
Pro-Trump narrative
In its eagerness to prosecute the president's main political rival, the Biden administration may have flouted some laws. That's why every hearing Cannon holds is crucial for making sure the rule of law is upheld. Many of these legal issues, including whether Smith's appointment was constitutional, have never been tested in court before and must be adjudicated.