{"id":2262428,"date":"2024-06-07T15:55:02","date_gmt":"2024-06-07T19:55:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-was-jack-smiths-appointment-unconstitutional\/"},"modified":"2024-06-07T15:56:21","modified_gmt":"2024-06-07T19:56:21","slug":"this-week-in-lawfare-land-was-jack-smiths-appointment-unconstitutional","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-was-jack-smiths-appointment-unconstitutional\/","title":{"rendered":"This Week in Lawfare: Is Jack Smith&#8217;s Appointment Unconstitutional?"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fthis-week-in-lawfare-land-was-jack-smiths-appointment-unconstitutional%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2262428&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p><\/span><\/p>\n<p>President Trump has experienced two major victories this week in his pending criminal cases in Georgia and Florida. In Georgia, a hearing\u2063 scheduled for October 5th will determine whether District Attorney Fani Willis\u200c should be disqualified from the case.\u2062 The delay caused by this hearing guarantees that the case will not go to trial before the November \u2062election. In Florida, Judge Aileen Cannon has allowed President Trump&#8217;s attorneys and constitutional experts to argue\u200b the constitutionality of Special Counsel Jack Smith&#8217;s\u200c appointment. This hearing will take place on June 21st. Meanwhile, in New York, President Trump awaits sentencing on July 11th for his conviction on 34 felony counts of <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/are-the-charges-brought-against-the-trump-organizations-cfo-part-of-a-witch-hunt-experts-weigh-in\/\" title=\"Are The Charges Brought Against The Trump Organization\u2019s CFO Part Of A Witch Hunt? Experts Weigh In\">falsifying business records<\/a>.\u200b The Biden administration has also charged President Trump with mishandling\u200b classified documents at his Mar-a-Lago residence and conspiring to obstruct on January 6, but \u2062these cases are currently stalled.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"article-content\">\n<p>After last week\u2019s circus in Manhattan, President Trump secured two major victories this week in pending criminal cases in Georgia and Florida. <\/p>\n<p>In Florida, Judge Aileen Cannon expanded a late June hearing to allow President Trump\u2019s attorneys and constitutional experts to argue that the appointment of Special Counsel Jack Smith was unconstitutional. <\/p>\n<div class=\"fdrlst__b89e9-paragraph-2-long d-flex justify-content-center\" style=\"margin-left: auto; margin-right: auto; text-align: center; \" id=\"fdrlst__b89e9-1606657521\">\n<div id=\"div-gpt-ad-1379703300879-0\" class=\"mb-30\"><\/div>\n<\/div>\n<div class=\"fdrlst__b89e9-98e61f856ae522191168fa02ef772598 fdrlst__b89e9-paragraph-2\" id=\"fdrlst__b89e9-98e61f856ae522191168fa02ef772598\"><\/div>\n<p>In Georgia, the criminal case against President Trump is now stalled until the first week of October, when the Georgia Court of Appeals will tentatively hear oral arguments on whether District Attorney Fani Willis should be disqualified from the case. This delay essentially guarantees that the Georgia criminal case will not go to trial before the November election. <\/p>\n<p>Back in New York, President Trump awaits sentencing on July 11. <\/p>\n<p>Here\u2019s the latest information you need to know about each case.<\/p>\n<p><em><a href=\"https:\/\/thefederalist.com\/tag\/this-week-in-lawfare-land\/\" target=\"_blank\" rel=\"noreferrer noopener\">Read our previous installments here.<\/a><\/em><\/p>\n<div class=\"fdrlst__b89e9-4638bd49602082a8544a0428103a0dc8 fdrlst__b89e9-paragraph-6\" id=\"fdrlst__b89e9-4638bd49602082a8544a0428103a0dc8\"><\/div>\n<h2 class=\"wp-block-heading\"><strong>Manhattan, New York: Prosecution by DA Alvin Bragg for NDA Payment<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this New York state criminal case, Manhattan District Attorney Alvin Bragg \u2014 who The New York Times <a href=\"https:\/\/www.nytimes.com\/2024\/04\/09\/magazine\/alvin-bragg-donald-trump-trial.html\" target=\"_blank\" rel=\"noreferrer noopener\">acknowledged<\/a> had \u201ccampaigned as the best candidate to go after the former president\u201d \u2014 charged former President Donald Trump with 34 felony charges for alleged falsification of business records.\u00a0Trump\u2019s former attorney Michael Cohen paid pornographic film actress Stormy Daniels shortly before the 2016 presidential election as part of a nondisclosure agreement in which she agreed not to publicize her claims that she had an affair with Trump (who denies the allegations). Nondisclosure agreements are not illegal, but Bragg <a href=\"https:\/\/manhattanda.org\/district-attorney-bragg-announces-34-count-felony-indictment-of-former-president-donald-j-trump\/\">claims<\/a> Trump concealed the payment to help his 2016 election chances and in doing so was concealing a \u201ccrime.\u201d <\/p>\n<p>This criminal trial concluded on May 30, with the jury returning a guilty verdict on all 34 felony counts of falsifying business records. This case marks the first time a former U.S. president has been convicted of a felony. President Trump is expected to appeal the verdict. <\/p>\n<p>The conviction does not affect President Trump\u2019s ability to run for president, though it may present complications with his ability to run a modern presidential campaign. For instance, if he were to receive a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/this-week-in-lawfare-land-democrats-secure-conviction-of-their-chief-political-rival\/\" title=\"This Week in Lawfare: Democrats Convict Chief Political Rival\">sentence including home confinement<\/a>, he may be forced to request permission from a New York State bureaucrat for permission to travel to hold a campaign rally.  <\/p>\n<p><strong>Latest developments<\/strong>: Following last week\u2019s conviction, President Trump will be sentenced on July 11. <\/p>\n<div class=\"fdrlst__b89e9-d23279493f9c9f8d5ddacfd94a485e5d fdrlst__b89e9-paragraph-10\" id=\"fdrlst__b89e9-d23279493f9c9f8d5ddacfd94a485e5d\"><\/div>\n<p>Trump\u2019s legal team has also requested that his gag order be lifted since the trial has now concluded. However, District Attorney Alvin Bragg has opposed Trump\u2019s request to lift the gag order. The request is still pending before the Biden-donor judge. <\/p>\n<h2 class=\"wp-block-heading\"><strong>Fulton County, Georgia: Prosecution by DA Fani Willis for Questioning Election Results<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: The Georgia state criminal case is helmed by District Attorney Fani Willis and her team of prosecutors \u2014 which until recently included Nathan Wade, with whom Willis had an improper romantic relationship. Willis charged Trump in August 2023 with 13 felony counts, <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/donald-trump-indicted-fani-willis-says-trump-and-co-conspirators-attempted-to-seize-presidential-term\/\" title=\"Trump indicted: Fani Willis accuses Trump and accomplices of trying to 'take' presidency.\">including racketeering charges<\/a>, related to his alleged attempt to challenge the 2020 election results in Georgia. This case is currently stalled while the Georgia Court of Appeals hears an appeal on whether Willis should be disqualified from the case. <\/p>\n<p><strong>Latest developments<\/strong>: On Wednesday, the Georgia Court of Appeals set a hearing date for Oct. 5 to determine whether District Attorney Fani Willis should be disqualified from the case for an \u201cimproper\u201d affair with a former prosecutor. The case is now stalled until the Oct. 5 hearing, after which the court will have to rule on the appeal.<\/p>\n<p>This delay essentially guarantees that this criminal case will not go to trial prior to the November election.  <\/p>\n<h2 class=\"wp-block-heading\"><strong>Southern District of Florida: Prosecution by Biden DOJ for Handling of Classified Documents<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this federal criminal case, special counsel Jack Smith and federal prosecutors with Biden\u2019s Justice Department <a href=\"https:\/\/thefederalist.com\/2023\/06\/09\/biden-doj-indicts-former-president-donald-trump-over-classified-documents-squabble\/\">charged former President Trump in June 2023 with 40 federal charges related to his alleged mishandling of classified documents<\/a> at his Mar-a-Lago residence. In early May, Judge Aileen Cannon postponed this trial indefinitely. <\/p>\n<p><strong>Latest developments: <\/strong>On Tuesday, Judge Aileen Cannon expanded a hearing later this month to allow Trump\u2019s attorneys and constitutional experts to opine on whether the appointment of Special Counsel Jack Smith was unlawful. Among these constitutional experts is Ed Meese, who served as attorney general under President Ronald Reagan. In his amicus brief, Meese argues that Attorney General Merrick Garland\u2019s appointment of Special Counsel Smith violates the U.S. Constitution\u2019s Appointments Clause. The hearing will take place on June 21. <\/p>\n<h2 class=\"wp-block-heading\"><strong>Washington, D.C.:\u00a0 Prosecution by Biden DOJ for Jan. 6 Speech<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this federal criminal case, Special Counsel Jack Smith <a href=\"https:\/\/thefederalist.com\/2023\/08\/03\/jack-smiths-latest-indictment-is-legally-flawed-and-politically-suspect\/\" target=\"_blank\" rel=\"noreferrer noopener\">charged former President Trump with four counts of conspiracy and obstruction<\/a> related to his actions on Jan. 6, 2021. President Trump\u2019s lawyers have argued that immunity extends to actions taken by a president while acting in his official capacity and that, in any event, the First Amendment protects his right to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/the-concerning-rise-of-gmo-food-animals\/\" title=\"The Concerning Rise of GMO Food Animals\">raise legitimate questions<\/a> about a questionable election process.<\/p>\n<p><strong>Latest developments<\/strong>: This case is currently stalled while awaiting a ruling from the Supreme Court on former President Trump\u2019s immunity claim.<\/p>\n<h2 class=\"wp-block-heading\"><strong>New York: Lawsuit by A.G. Letitia James\u00a0for Inflating Net Worth<\/strong><\/h2>\n<p><strong>How we got here<\/strong>: In this New York civil fraud case, Democrat Attorney General Letitia James \u2014 who <a href=\"https:\/\/www.washingtonpost.com\/politics\/2018\/12\/19\/new-yorks-next-attorney-general-targeted-slumlords-now-shes-going-after-trump\/\" target=\"_blank\" rel=\"noreferrer noopener\">campaigned<\/a> on going after Trump \u2014 sued former President Trump under a civil fraud statute alleging that he misled banks, insurers, and others about his net worth to obtain loans, although the loans have been paid back and none of the parties involved claimed to have been injured by the deals.\u00a0Following a no-jury trial,\u00a0Judge Arthur Engoron \u2014 whom Trump\u2019s lawyers have accused of \u201castonishing departures from ordinary standards of impartiality\u201d \u2014 <a href=\"https:\/\/thefederalist.com\/2024\/02\/16\/trump-fined-350-million-in-democrats-latest-gambit-to-rig-the-2024-election\/\" target=\"_blank\" rel=\"noreferrer noopener\">issued a decision<\/a> in February\u00a0ordering Trump to pay a $454 million penalty. Trump has appealed this decision and posted a required <a href=\"https:\/\/thefederalist.com\/2024\/03\/26\/trumps-reduced-bond-doesnt-make-letitia-james-election-meddling-lawfare-any-less-scandalous\/\" target=\"_blank\" rel=\"noreferrer noopener\">$175 million appeal bond<\/a>. <\/p>\n<p><strong>Latest developments<\/strong>: This case mostly remains on hold.<\/p>\n<div class=\"fdrlst__b89e9-8c34bd194b7e411d3991d96a261a25dd fdrlst__b89e9-after-post-content\" id=\"fdrlst__b89e9-8c34bd194b7e411d3991d96a261a25dd\"><\/div>\n<hr class=\"wp-block-separator\">    \t\t\t\t\t   \t\t\t\t\t\t\t\t\t<\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Last week, President Trump achieved significant wins in criminal cases in Georgia and Florida. In Florida, Judge Aileen Cannon extended a hearing, enabling Trump&#8217;s lawyers and constitutional experts to challenge the constitutionality of Special Counsel Jack Smith&#8217;s appointment. In Georgia, the<\/p>\n","protected":false},"author":3036,"featured_media":2262429,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/06\/Screenshot-2024-06-07-at-3.49.58%E2%80%AFPM-1024x574.png","fifu_image_alt":"","footnotes":""},"categories":[546],"tags":[],"class_list":["post-2262428","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-federalist"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2024\/06\/Screenshot-2024-06-07-at-3.49.58%E2%80%AFPM-1024x574.png","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2262428","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/3036"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2262428"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2262428\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2262429"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2262428"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2262428"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2262428"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}