Lawyers for former President Trump filed a motion on Thursday to dismiss charges related to the 2020 election brought against him by Special Counsel Jack Smith.
In their legal filing, the Trump team claims Smith was unlawfully appointed.
Fox News reports:
“President Donald J. Trump respectfully requests leave to file this proposed motion to dismiss the Superseding Indictment and for injunctive relief—which is timely and, alternatively, supported by good cause—based on violations of the Constitution’s Appointments and Appropriations Clauses,” the filing states.
The Appointments Clause says, “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments.” Smith, however, was never confirmed by the Senate.
“The proposed motion establishes that this unjust case was dead on arrival— unconstitutional even before its inception,” the Trump filing states.
Trump lawyers argued that in November 2022, Attorney General Merick Garland “violated the Appointments Clause by naming private-citizen Smith to target President Trump, while President Trump was campaigning to take back the Oval Office from the Attorney General’s boss, without a statutory basis for doing so.”
Trump attorneys argue that Smith “was not appointed ‘by Law,'” and argue that he “has operated with a blank check by relying on an inapplicable permanent indefinite appropriation that was enacted in connection with a reauthorization of the Independent Counsel Act in 1987.”
“Smith was not appointed pursuant to that Act, which expired in 1999. The appropriation contemplates the possibility of appointment by some ‘other law,’ but no ‘other law’ authorized Smith’s appointment,” the attorneys continue. “The appropriation also requires that the prosecutor be “independent,” in the very particular, rigorous sense that attorneys appointed pursuant to the defunct Independent Counsel Act were meant to be independent.”
They added: “That is not true of Smith’s appointment, either.”
“For these reasons, Smith should have never been permitted to access these huge sums of money, and his use of this funding violated the Appropriations Clause,” the filing states. “Based on these violations of the Appointments and Appropriations Clauses, the Superseding Indictment should be dismissed with prejudice. In addition, an injunction against additional spending by Smith is necessary to prevent ongoing irreparable harm and to ensure complete relief for the Appropriations Clause violation.”
Trump pleaded not guilty to all charges.
Smith has until Halloween, Oct. 31, to file his response.
