President Donald Trump’s lawyers are not playing around anymore, as they thundered at Special Counsel Jack Smith’s demand to gag the former president and questioned the legality of his appointment.
It turns out Trump’s remarks are getting into Smith, as he filed the motion again after being rejected by Judge Aileen Cannon the first time.
Judge Cannon now asks Trump’s attorneys to respond to the second motion filed by corrupt Smith.
“In Jack Smith’s most recent shocking display of overreach and disregard for the Constitution, the Special Counsel’s Office asks the Court to enter an unconstitutional gag order as one of the release conditions on the leading candidate in the 2024 presidential election,” Trump’s attorneys wrote in a Friday night filing.
“Not a single FBI agent who participated in the raid submitted an affidavit, or even an argument, claiming that President Trump’s remarks put them at risk,” Trump’s attorneys wrote.
Trump’s attorneys added: “Like Manhattan District Attorney Alvin Bragg, Smith seeks to restrict President Trump’s campaign speech as the first presidential debate approaches at the end of this month.”
Smith was given until June 21 to respond.
Meanwhile, Judge Cannon agreed to hold a hearing on Friday to weigh whether Smith’s appointment and financing of his probe against Trump are “unconstitutional.”
The center of the defense’s argument is that the DOJ and Smith violate the Appointments Clause, which requires that the Special Counsel be nominated by the president and conferred by the Senate.
Trump’s lawyers asserted that the DOJ gave Smith too much power, exceeding the limitations set for an interior officer. They added that Smith acts as if he were appointed a superior officer.
“Jack Smith does not have a superior who is operating with sufficient oversight authority over his decisions right now,” Emil Bove, Trump’s lawyer, said.
Judge Cannon expanded Friday’s hearing to allow amici, or ‘friends of the court’, to share their arguments.
Former attorney general Ed Meese accused Attorney General Merrick Garland of violating the constitution by appointing Smith as special counsel, who was a private citizen during that time.
Smith was appointed by Garland on November 18, 2022, just a few days after the former president announced that he would run for reelection in 2024.
Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor,” the brief states.
“Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos,” they argued.
Meese furthered that the “illegality” of Smith’s appointment is “sufficient to sink Smith’s petition, and the Court should deny review.”
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