Loading ...Motion filed to dismiss Jack Smith from TRUMP J6 case.
Judge Tanya Chutkan, holding a hearing in Washington on Donald Trump’s election interference case, is now moving on to the Trump’s team request that she consider whether the special counsel Jack Smith was illegally appointed before grappling with the ramifications of the supreme court’s immunity decision on the indictment.
Chutkan notes that the Trump team could have filed a motion to dismiss based on Smith’s appointment last year and didn’t, while there is binding law from the US court of appeals for the DC circuit that means she would have to deny such a motion in any case.
Lauro says the reasons for this are twofold: US supreme court justice Clarence Thomas raising the appointment issue in his concurrence in the immunity ruling, and the fact that US district judge Aileen Cannon – in the classified documents case – dismissed that indictment on the appointment issue last month.
A skeptical Chutkan tells Lauro that he can file a motion for leave, which means in legal jargon that he can file a formal request for permission to file the motion, laying out why the Trump team has legal authority for such a move.