Trump calls for Jan. 6 case over Jack Smith nomination to be dismissed

Former President Donald Trump’s lawyers on Thursday asked a judge to dismiss the Jan. 6 case against him, arguing that special counsel Jack Smith was appointed unconstitutionally, according to The Hill.

Smith was not confirmed by the Senate, but was appointed by Attorney General Merrick Garland.

Smith is leading two investigations into the former president, including a confidential documents case that was dropped earlier this year. However, Smith is appealing his dismissal.

The request was made to U.S. District Judge Tanya Chutkan in Washington, D.C., and revolves around the same argument made in the confidential documents case.

Judge Aileen Cannon ruled that no legal statute gave Garland the authority to give Smith the amount of power he has as special counsel, and that the appointment violated the Appointments Clause of the United States Constitution.

Trump’s lawyers claimed that Smith was named by Garland as a “private citizen.”

“The proposed motion establishes that this unjust case was dead on arrival – unconstitutional even before its creation,” Trump’s lawyers wrote Thursday. “Everything Smith did since the appointment of Attorney General Garland, as President Trump continued his leadership campaign against President Biden and then-Vice President Harris, was illegal and unconstitutional.”

Trump currently faces four charges in DC related to his alleged efforts to overturn the results of the 2020 presidential election. He has pleaded not guilty to all charges.

Smith has until October 31 to file a response.

Misty Severi is a night reporter for Just The News. You can follow her on X for more coverage.