Trump Argues That an ‘Unleashed’ Jack Smith Is a Biden ‘Surrogate’ and That His Appointment Is Unconstitutional

The 45th president maintains that a campaign of ‘lawfare’ cannot validly be funded with a congressional checkbook.

Peter Foley-Pool/Getty Images
President Trump speaks to the media after exiting court for the day at his trial for allegedly covering up hush money payments at Manhattan Criminal Court on May 6, 2024 at New York City. Peter Foley-Pool/Getty Images

President Trump’s accusation that Attorney General Garland  “unleashed”  Special Counsel Jack Smith as a “Biden campaign surrogate” could soon take center stage at Judge Aileen Cannon’s courtroom. 

That allegation comes in a brief to Judge Cannon arguing that the special counsel’s appointment violates the Constitution’s Appropriations Clause, which ordains that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Mr. Smith contends that the “appropriation used to fund the Special Counsel readily comports with the Constitution.”

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