Even Trump-appointed U.S. District Court Judge Aileen Cannon apparently has her doubts about Trump’s attorney’s argument against federal prosecutor Jack Smith’s legitimacy as special counsel.
Emil Bove, who is representing the former president in his stolen documents case, argued in court on Friday that Smith’s appointment as special counsel was “unconstitutional.” Bove went on to say that Merrick Garland’s ability to appoint Smith was comparable to the power of a “shadow government.”
Cannon, who has repeatedly refused to pass the case to another judge and has been accused of delaying the trial every step of the way, didn’t buy the Trump team’s line.
ADVERTISEMENT
“That sounds very ominous, a shadow government. But what does that mean?” Cannon questioned Bove, according to CNN.
Bove obfuscated Cannon’s question, reiterating that Smith’s appointment was unconstitutional. He also implied that Smith was rogue and failing to report to Garland on his probe.
Prosecutor James Pearce told the court during his opening arguments that Smith could be dropped at “this very moment,” qualifying that Garland has yet to review Smith’s decisions, according to CNN. Pearce added that there has been oversight over the probe but did not provide details on that oversight.
Cannon is reportedly allowing for hours of arguments around the constitutionality of the special counsel, as well as non-party arguments from groups like Citizens United, according to CNN.
Arguments will resume on Monday over the prosecution’s request for a gag-order on the former president, who has been quite vocal on Truth Social about the trial.
