Judge in Trump Documents Case Hears Arguments Over Special Counsel
The New York Times
Judge Aileen Cannon held a hearing to consider a question that has been quickly dismissed in other cases: whether there is a constitutional basis for the appointment of a special counsel.
Former President Donald J. Trump’s defense team tried on Friday to persuade the judge overseeing the national security documents case to dismiss the indictment, pushing a long-shot argument that the special counsel, Jack Smith, was not properly appointed.
Such defense motions are routinely denied in federal cases involving special counsels. But the judge presiding over this case, Aileen M. Cannon, has given Mr. Trump’s request extra import by holding hearings and allowing three outside lawyers time in court to make additional arguments about whether there is a constitutional mechanism for naming special counsels.
“This has been very illuminating and helpful,” Judge Cannon said at the close of about four hours of arguments and a steady beat of her own questions, which often began with, “Would you agree that.”
Mr. Trump’s team argued that the attorney general lacks constitutional authority to appoint someone with the powers of a special counsel. “The text of these statutes really matters,” said Emil Bove, one of Mr. Trump’s lawyers. He also argued that Mr. Smith should have been confirmed by the Senate because his position is so powerful.
Prosecutors argued that well-established precedents demonstrate that the attorney general does have that power, citing a string of court decisions upholding special counsel investigations. “We’re interpreting statutory terms consistent with the Constitution,” said James I. Pearce, a member of the special counsel’s team.
Judge Cannon’s questions addressed language in specific laws, past precedents and excerpts from lawyers’ written briefs. At times on Friday, her courtroom sounded like a university seminar on the history of the Justice Department, national scandals that have drawn special counsels and the various interpretations of the meaning of words in decades-old laws.
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