Trump attorneys challenge Jack Smith's appointment as special counsel in documents case

Former President Donald Trump's defense team is arguing in a Florida hearing that special counsel Jack Smith should be removed from the classified documents case due to allegedly being unlawfully appointed. The judge, Aileen Cannon, is addressing legal motions filed by Trump challenging the case, including the argument that Attorney General Merrick Garland defied an appointments clause in choosing Smith. Trump's defense attorneys claim that Smith lacks the authority to prosecute the case. On the other hand, Smith's team argues that his appointment was compatible with the appointments clause and that his office is properly funded. The pace of the pretrial process makes it unlikely for a trial before the presidential election. Critics, including national security attorney Bradley Moss, argue that the issue of special counsel appointment has been extensively litigated, and scheduling a hearing on it is unnecessary. Cannon has also scheduled a hearing to address a request from Smith to modify Trump's release conditions regarding his speech on law enforcement officials involved in the case. The former president has pushed for the trial to take place after the election, and additional steps in the pretrial process have made that more likely. Cannon's handling of the case has drawn criticism, with concerns raised about her lack of practical trial experience and potential bias as a Trump appointee. Trump has been vocal in his opposition to the special counsel and other prosecutors involved in the case, alleging political motivations. Attorney General Garland appointed Smith to oversee investigations into Trump, including the documents case and the federal case related to the 2020 election. The hearing will address various issues, including Trump's motion to dismiss the case, prosecutors' request to modify his release conditions, and Trump's request to suppress evidence gathered during the search of Mar-a-Lago. The handling of the case by Judge Cannon has faced scrutiny, with concerns raised about potential bias and delays in the trial process.