Judge to Decide Whether Jack Smith Lawfully Appointed, Has Power to Prosecute

Questions were raised about whether the attorney general reviewed or approved the indictment.

Special counsel Jack Smith arrives to deliver remarks on a recently unsealed indictment including four felony counts against former President Donald Trump in Washington on Aug. 1, 2023. Drew Angerer/Getty Images

FORT PIERCE, Fla.—U.S. District Court Judge Aileen Cannon heard arguments over special counsel Jack Smith’s appointment and the scope of his powers on June 21, as former President Donald Trump filed a motion to dismiss his classified documents case on the basis that the special counsel was unlawfully appointed, making his actions null and void.

In addition to Emil Bove arguing for the defense and James Pearce arguing for the prosecution, attorneys Matthew Seligman, Josh Blackman, and Gene Schaerr represented three groups of former government officials and legal experts who weighed in on the matter.