Judge Cannon, at Key Juncture in Mar-a-Lago Documents Case, Will Weigh Arguments That Could End Jack Smith’s Prosecution of Trump

The case that the special counsel was appointed in violation of the Constitution’s appointments clause is gaining steam in south Florida.

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’s scheduling of oral arguments in the Mar-a-Lago case to thrash out whether Special Counsel Jack Smith’s appointment is unconstitutional — a cause championed by some legal scholars, attorneys generals, and eventually President Trump —  raises the question of whether the special counsel could be removed. 

The session devoted to Mr. Smith, set for June 21, appears on the revised schedule promulgated by Judge Cannon on Tuesday when she indefinitely delayed Mr. Trump’s trial. The new calendar replaces a trial date of May 20,  vacated by the judge owing to what she describes as  “myriad and interconnected”  issues. The constitutionality of Mr. Smith’s appointment has also drawn interest at the Supreme Court.

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