A crucial hearing has begun in Florida to determine whether special counsel Jack Smith will continue leading the federal government’s classified documents case against former President Donald Trump. Biden Justice Department prosecutor Jack Smith is set to face rigorous questioning from U.S. District Judge Aileen Cannon, a Trump appointee.
Fox News reported on the initial developments of Friday’s hearing in Fort Pierce, where Trump’s legal team is expected to argue that Smith’s appointment by U.S. Attorney General Merrick Garland, rather than the U.S. Senate, was unlawful. Speaking outside the courthouse, a Fox News correspondent noted that today’s hearing is the first of three.
Trump’s legal team argues that Jack Smith’s appointment was unconstitutional, asserting that he cannot prosecute Trump in this case, and thus the case should be dismissed. They noted that similar challenges to special counsel appointments have been dismissed by other courts in the past. Judge Aileen Cannon, appointed by Trump in 2021, has faced criticism for allegedly “slow-walking and delaying the trial,” according to a Fox News correspondent.
On Thursday, the New York Times published a critical piece on Judge Cannon, revealing that two senior colleagues, Chief Judge Cecilia M. Altonaga and Judge Bruce E. Reinhart, urged her to recuse herself from the case. Despite their recommendations, Cannon maintained oversight, drawing criticism for rulings that some say favor Trump. One of her recent rulings includes a total pause in discovery and motions while Trump’s immunity claim is pending before the Supreme Court, potentially delaying the outcome past the November election. If Trump wins another term, he is expected to instruct the Justice Department to drop the case.
Kendall Coffey, a former district attorney for the Southern District of Florida, defended Judge Cannon, stating that the pace is appropriate given the seriousness of the 40 felony counts against Trump, who is accused of retaining classified documents and failing to return them when requested by the U.S. National Archives.
“This judge is allowing hearings where many judges have simply rejected these positions on paper. It’s a credit to the judicial system when time is given to such an important case with significant issues, showing the judge is taking the time to consider and hold hearings,” Coffey told Fox News.
Similarly, Judge Cannon has provided Jack Smith the opportunity to argue that Trump could intimidate or badger witnesses if his attorneys were given an extensive list of those set to testify against him. In an April ruling, Cannon sided with Smith on concealing the identities of certain government witnesses who will testify that Trump allegedly took documents from the White House, knowing he did not have the authority to do so. Smith contended that keeping their identities secret would protect the witnesses from potential reprisals if Trump is elected in November.
Conversely, Judge Cannon has reprimanded Smith for withholding evidence from Trump’s defense attorneys. In November, she criticized Smith’s “broad and unconvincing theory” regarding the Classified Information Procedures Act, which his team claimed allowed them to withhold certain documents obtained from Mar-a-Lago on national security grounds.
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