Lawyers for former President Donald Trump filed a motion Thursday to dismiss special counsel Jack Smith’s election interference case, arguing that Smith was illegally appointed and should no longer receive public funds, according to court filings.
The election interference case between Trump and Smith has escalated over the past month, with Judge Tanya Chutkan releasing a redacted version of Smith’s 165-page brief on Oct. 2, detailing the case’s evidence. Trump’s legal team now claims that the “unjust case” violates the “Constitution’s Appointments and Appropriations Clauses” due to Smith not being properly appointed “by law.”
“Even if Smith is a valid officer, which he is not, he is a principal rather than an inferior officer and his appointment is plainly unconstitutional because he was never nominated by the President or confirmed by the Senate. This…