Mar-a-Lago judge wants to hear more from state and defense in light of recent SCOTUS

Left: Donald Trump (AP Photo/Mike Stewart), File); Center: U.S. District Judge Aileen Cannon (U.S. Senate); Right: Special counsel Jack Smith (AP Photo/J. Scott Applewhite, File)

The judge overseeing Donald Trump’s Mar-a-Lago classified documents case has given a big hint as to how she will analyze, if not how she will rule on, a defense effort to dismiss the case over allegations that special counsel Jack Smith was unlawfully appointed.

In February, Trump’s defense filed a 16-page motion to dismiss, arguing the special counsel’s office was created in violation of the appointments clause of the U.S. Constitution and funded in violation of the appropriations clause. The motion argues the proper remedy for such alleged violations is the dismissal of the entire indictment.

Since then, however, the U.S. Supreme Court has delved into similar appropriations issues – by upholding Federal Reserve funding of the Consumer Financial Protection Bureau (CFPB). That case, notably, did not encapsulate any questions related to the appointments clause.

Still, U.S. District Judge Aileen Cannon would like to talk about it.



This article was originally published by a lawandcrime.com . Read the Original article here. .