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Hearings begin on the legality of Jack Smith's appointment: A ruling in favor of Trump could have "pernicious consequences"

Department of Justice Prosecutor James Pearce stated that the former president's team's legal analysis (arguing that it was illegal) is "foreclosed by precedent."

(AFP)

(AFP)

Verónica Silveri Pazos

2 minutes read

Hearings into the legality of special counsel Jack Smith's appointment to investigate former President Donald Trump's alleged handling of classified documents have begun in Florida.

On the first day (of three scheduled hearings), Department of Justice (DOJ) Prosecutor James Pearce assured that Trump’s team’s legal analysis (which seeks to dismiss the case arguing that Smith's appointment was "illegal") is "foreclosed by precedent."

Pearce turned to District Judge Aileen Cannon, who is handling the case, and declared that a verdict in favor of the former president could generate "pernicious consequences."

The DOJ prosecutor argued that (according to Section 516 of the 28 United States Code) Attorney General Merrick Garland can decide who he puts in charge of any trial on behalf of the United States, since he has the authority to prosecute the country’s criminal matters (i.e., He has the power to appoint Smith).

Classified documents case

Trump faces 37 felony charges linked to his possession of classified records that he allegedly took to his mansion upon leaving the White House in 2021. He was also charged with three additional counts within another indictment related to the investigation: one count of intentional withholding of national defense information and two counts of obstruction.

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