Judge Cannon, in What Could Be a Win for Trump, Appears Open To Disqualifying ‘Naked Emperor’ Jack Smith

The jurist says that briefs taking the position that the special counsel’s appointment was unconstitutional could be of ‘considerable help’ to her.

AP/Jose Luis Magana
Special Counsel Jack Smith speaks to reporters on June 9, 2023, at the District of Columbia. AP/Jose Luis Magana

Judge Aileen Cannon, who presides over the Mar-a-Lago documents case, appears open to President Trump’s argument that Special Counsel Jack Smith was unconstitutionally appointed, a possibility that could rock the prosecution of the 45th president. 

The judge has telegraphed her curiosity about the disqualification of the special counsel in an unusual docket note. The question has hung over the special counsel from the start. Judge Cannon, though, ventured that two briefs supporting Mr. Trump’s position that Mr. Smith’s appointment was defective “bring to the Court’s attention relevant matter that may be of considerable help to the Court in resolving the cited pretrial motions.”

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