By Andrew Goudsward
FORT PIERCE, Fla. (Reuters) – donald trump continues its legal assault on Friday in the criminal case that accuses the former US president of improperly handling confidential documents after leaving the White House, when his lawyers challenge the appointment of the prosecutor in the case.
Trump’s lawyers, during three days of hearings, are also expected to argue against imposing a gag order on the Republican presidential candidate over his baseless claim that a standard FBI use-of-force policy included in documents related to Searching for documents on his Florida property was authorization for them to murder him.
Trump’s Republican allies in Congress have also expressed criticism of the Special Counsel’s appointment and funding. Jack Smithwho is leading the prosecution of classified documents and a second criminal case in Washington accusing Trump of trying to overturn his 2020 election defeat.
The hearings before Trump-appointed U.S. District Judge Aileen Cannon in Florida federal court will mark the first time his legal team has appeared in court since he was convicted in May of 34 felony counts of falsifying business records in New York. York.
Trump, who challenges the Democrats President Joe Biden in the November 5 elections, it also awaits a historic ruling from the US Supreme Court on its claims of presidential immunity in the election case.
Trump’s lawyers face an uphill battle in challenging Smith’s nomination. The U.S. attorneys general who serve as presidents of both major political parties have appointed special counsels and courts have rejected challenges to their authority, most recently in cases involving Biden’s son, Hunter, who was found guilty this month on possession charges. of weapon.
“That has been upheld every time it has come up,” Kel McClanahan, a lawyer focused on national security issues, said of the special counsel’s authority. “It never works out” for the defense.
Trump did not raise the same challenge to Smith in the Washington election case, where the justices would be bound by prior rulings in previous challenges to the special counsel.
TRUMP DENIES WRONG
Trump faces ongoing criminal cases, including the documents case and two related to his attempts to overturn his 2020 defeat. He has pleaded not guilty in all three cases and has said, without evidence, that they are all attempts to stop him to return to power.
Trump argued in court filings in Florida that Smith did not have the authority to bring the charges because he was not confirmed by the Senate and his position was not created by an act of Congress. Trump’s defense also challenges the prosecution’s financing mechanism.
Smith’s office disputed the claims and argued that his appointment is supported by previous court rulings.
Trump’s legal challenges are part of a multifaceted attack on Smith, whom Trump has called “deranged” and a “thug” on social media. Smith, a veteran corruption prosecutor who worked on war crimes cases in The Hague, was appointed by Attorney General Merrick Garland in 2022 to lead investigations into Trump.
His appointment was designed to give investigations some independence from the Justice Department under the Biden administration.
Trump’s challenge to Smith is one of a series of attempts by his lawyers to dismiss the classified documents allegations. Cannon has indefinitely delayed the start of the trial and the case is unlikely to reach a jury before the November election.
The hearings will also address other issues, including Trump’s attempt to suppress evidence seized during an FBI search of his Mar-a-Lago resort and Smith’s request to block Trump from making statements that could endanger law enforcement. .
Smith’s request, which is expected to be discussed on Monday, came in the wake of Trump’s unsubstantiated claims that FBI agents were authorized to assassinate him when they searched his resort in Mar-a-Lago, Florida, in August 2022. .
Garland, who rarely speaks publicly about the Trump cases, called Trump’s allegations “extremely dangerous.”
Cannon has been receptive to Trump’s defense on other issues and has signaled that she may be open to Trump’s arguments challenging Smith’s appointment as special counsel.
In a rare move, she allowed three outside attorneys representing legal experts and advocacy groups to argue during Friday’s hearing. Two of those lawyers filed court briefs supporting Trump in the race.
(Reporting by Andrew Goudsward; Editing by Scott Malone and Alistair Bell)
