Former President Donald Trump filed several motions to dismiss a classified documents case being pursued against him in Florida on Thursday, arguing that, amongst other things, special counsel Jack Smith “lacks the authority” to prosecute the case.
In one of four motions, attorneys for the former president contend that neither the U.S. Constitution nor Congress had officially established the special counsel’s office, rendering Mr. Smith’s appointment invalid.
Furthermore, they argue that the special counsel’s office is being funded “off the books” by the Biden administration.
The motion, which cites the Appointments Clause, argues that Attorney General Merrick Garland did not have the authority to appoint a “like-minded political ally” as special counsel “without Senate confirmation.”
“As such, Jack Smith lacks the authority to prosecute this action,” the motion reads.
Read Full Article Here