A court hearing in Fort Pierce, Florida, examined the legality of Special Counsel Jack Smith's appointment in the investigation into former President Trump's handling of classified documents. Arguments centered on whether the Department of Justice had the authority to appoint a special counsel and whether Smith wielded the proper authority.
Former President Donald Trump's initial court appearance in a hearing challenging the lawfulness of Special Counsel Jack Smith's appointment in the classified document investigation concluded on Friday without a decision. The hearing, held inside a courthouse in Fort Pierce, Florida, lasted nearly six hours and featured arguments from both Trump's defense team and the prosecution, as well as supporting constitutional lawyers.
At the heart of the hearing was a legal debate over whether the Department of Justice (DOJ) and Attorney General Merrick Garland had the authority to appoint a special counsel for this investigation. The defense team, led by attorney Emil Bove, argued that Smith's appointment was unlawful as he was not confirmed by Congress.
Trump's Classified Docs Case: Hearing Evaluates Lawfulness of Special Counsel's Appointment
Bove employed the phrase "shadow government" to describe the situation in which unconfirmed inferior officers are placed in power, arguing that this posed significant risks. He argued that the court should throw out the case due to Smith's allegedly unlawful appointment.
On the other hand, DOJ prosecutor James Pearce asserted that Smith's appointment was entirely lawful, supported by US Code 28 Section 516. He explained that this section granted the Attorney General the authority to prosecute criminal matters and manage litigation on behalf of the United States, including the appointment of special counsels.
Trump's Classified Docs Case: Hearing Evaluates Lawfulness of Special Counsel's Appointment
Pearce acknowledged that Smith's team operated independently on a day-to-day basis, but emphasized that DOJ regulations allowed the Attorney General to seek an explanation for any step taken by the special counsel.
During the hearing, U.S. District Judge Aileen Cannon became actively involved by posing probing questions to both sides. She asked Bove to clarify the distinction between a special attorney and an assistant, and expressed interest in the extent of Attorney General Garland's involvement in the Trump indictment.
Trump's Classified Docs Case: Hearing Evaluates Lawfulness of Special Counsel's Appointment
Pearce reassured Judge Cannon that Smith's team had complied with all applicable DOJ regulations governing the operation of special counsels. He also reaffirmed that there had been no coordination between Smith's team and the Biden White House, consistent with assurances provided by Garland to Congress.
The hearing concluded around 2:30 p.m., and Judge Cannon is expected to issue a written order outlining her decision on the matter in the coming days. The outcome of this hearing will have significant implications for the ongoing classified document investigation and the Trump defense team's arguments.
Trump's Classified Docs Case: Hearing Evaluates Lawfulness of Special Counsel's Appointment
Fox News Digital's Julia Johnson and Jamie Joseph contributed to this report.
