Trump Seeks To Have Jack Smith’s January 6 Case Dismissed Over Questions About Whether Special Counsel’s Appointment Was Lawful

President Trump’s lawyers say the case was ‘unconstitutional even before its inception.’

Alex Wong/Getty Images
Special Counsel Jack Smith delivers remarks at the Department of Justice on August 1, 2023, at Washington, D.C. Alex Wong/Getty Images

President Trump is seeking to have the criminal case against him regarding January 6 dismissed, citing a judge’s ruling that threw out the classified documents case on the grounds that the special counsel, Jack Smith, was illegally appointed.

In a filing on Thursday, Trump’s lawyers asked the federal judge presiding over the January 6 case at Washington, D.C., Tanya Chutkan, to dismiss the charges on the grounds that Mr. Smith’s appointment in November 2022 by Attorney General Garland was not lawful. 

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