U.S. District Court Judge Aileen Cannon began hearing arguments Friday that U.S. Attorney General Merrick Garland’s appointment of Jack Smith as special counsel is unconstitutional.
Cannon’s ruling potentially could invalidate Smith’s appointment, striking a critical blow to the Joe Biden Department of Justice’s case in Donald Trump’s classified documents case before Cannon, as well as DOJ’s case against Trump in Washington for alleged interference in the 2020 election.
Friday’s arguments in Cannon’s court featured three outside attorneys, with two arguing the Smith appointment is unconstitutional and a third insisting the court should uphold Garland’s appointment of Smith. Cannon’s rare decision to allow third party oral arguments is likely due to the untested legal questions before the court, including Smith’s appointment.
