Jack Smith Urges Judge to Reject Trump’s Bid to Dismiss J6 Case by Challenging Appointment

Special counsel Jack Smith on Thursday filed his rebuttal to former President Donald Trump’s attempt to dismiss the Jan. 6 case against him by claiming Smith was unlawfully appointed.

Trump’s lawyers have submitted their motion to dismiss the case last week, arguing that Smith’s appointment violated the Appointments Clause of the U.S. Constitution because he was appointed by Attorney General Merrick Garland, rather than confirmed by the U.S. Senate.

Trump’s legal team has filed the same case in the former president’s secret documents case in Florida rejected by Judge Aileen Cannon.

Smith argued Thursday that Judge Tanya Chutkan should not grant Trump’s request because his team waited too long to file the request. De Heuvel reports this.

“Defendant’s failure to timely file an objection to the Special Counsel’s authority to prosecute this case and to show good cause for his late filing should prevent this Court from adjudicating that claim Smith’s team wrote. “Nothing in the superseding complaint provided any basis for his motion that did not previously exist.”

Smith’s team also noted that he has historical precedent, as a special counsel has investigated other presidents in the past, including former President Richard Nixon.

“Contrary to defendant’s claims, the Supreme Court’s determination in Nixon that the Attorney General had the legal authority … to appoint the Special Counsel is binding,” prosecutors wrote. “Legal analysis confirms that that determination was correct, and the long history of special counsel appointments of attorneys reflected the authority of the Attorney General to appoint the special counsel here.”

Trump is currently facing four charges in DC related to his alleged efforts to overturn the results of the 2020 presidential election. He has denied being guilty of all charges.

Misty Severi is an evening news reporter for Just The News. That’s possible follow her on X for more coverage.