Special counsel Jack Smith urged a federal judge on Thursday to reject the latest effort by former President Donald Trump to have his Jan. 6 case dismissed, arguing that the Republican presidential nominee’s attempt is both “untimely and without merit.”
Trump is charged with allegedly mishandling classified documents at his residence at Mar-a-Lago in the Department of Justice’s case in Florida.
In the Florida case, Trump “timely filed the very challenge that he belatedly advances here, a year after the deadline for such a motion in this case,” Smith wrote.
“And in this case, although the defendant timely filed more than one hundred pages urging dismissal of the indictment, he chose not to raise the issues he now tries to put before the Court.”
Because Trump is unable to demonstrate “good cause” for his failure to file the claim in a timely manner, the court should not consider it, Smith said.
Lawyers for Trump last week asked Chutkan to throw out the superseding indictment against their client, arguing that Smith was unconstitutionally appointed.
Attorneys for Trump argued that Attorney General Merrick Garland lacked a “statutory basis” to appoint Smith as special counsel overseeing the Trump prosecution.
They further argued that Smith lacks the constitutional and statutory authority to prosecute the case because he was not nominated by the president and confirmed by the Senate.
Smith Says Appointment Is Lawful
Lawyers for Trump also sought an injunction preventing Smith from “spending additional public funds” amid his allegedly invalid appointment.His lawyers pointed to the Supreme Court’s July ruling on presidential immunity, in which Justice Clarence Thomas said there were “serious questions” regarding whether the attorney general violated the law by “creating an office of the Special Counsel that has not been established by law.”
Smith has appealed Cannon’s ruling to the 11th U.S. Circuit Court of Appeals.
In that case, the court held that the president does not enjoy executive privilege or receive immunity when it comes to producing evidence in a criminal prosecution or other civil court actions.
“Because the defendant cannot demonstrate good cause for his failure to file a timely non-jurisdictional claim under the Appointments or Appropriations Clauses in this case, the Court should not consider it,” Smith wrote.
“If the Court nonetheless reaches the merits, it should reject the defendant’s argument that the Special Counsel is not lawfully appointed or funded.”
Trump has been charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction or an attempt to obstruct an official proceeding, and conspiracy against rights.
He has pleaded not guilty to all of the charges.
