Trump’s Attorneys Seek Election Case Dismissal, Say Special Counsel Appointment Unconstitutional

Judge Chutkan has said she didn’t find Judge Cannon’s ruling on Smith’s appointment to be very persuasive.

Special counsel Jack Smith speaks to members of the media at the U.S. Department of Justice building in Washington on Aug. 1, 2023. Saul Loeb/AFP

Former President Donald Trump’s attorneys argued in a new filing on Oct. 24 that Special Counsel Jack Smith’s superseding indictment should be dismissed since his appointment was unconstitutional.

“Everything that Smith did since Attorney General [Merrick] Garland’s appointment, as President Trump continued his leading campaign against President Biden and then Vice President Harris, was unlawful and unconstitutional,” Trump’s attorneys said in a filing to D.C. Judge Tanya Chutkan, who is overseeing his election interference case.