Judge Cannon Reviews Constitutionality of Jack Smith's Appointment and Potential Gag Order on Trump in Classified Documents Case

Jun 24, 2024, 04:31 PM

U.S. District Judge Aileen Cannon is hearing arguments on June 24 regarding the constitutionality of Attorney General Merrick Garland's appointment of Jack Smith as special counsel. The debate centers on whether Smith's appointment violates the Appointments Clause of the Constitution, which mandates that U.S. Attorneys be Senate-confirmed after being presidentially nominated. Judge Cannon's ruling could potentially invalidate Smith's appointment, impacting the case against former President Donald Trump. Additionally, Judge Cannon is considering a motion to impose a gag order on Trump to prevent him from making inflammatory statements about FBI agents involved in his classified documents case. Prosecutors argue that Trump's comments could endanger law enforcement officers, while the defense claims the special counsel's office is unlawfully funded under the appropriations clause of the Constitution. Stephen Miller's America First Legal was not allowed to file as a friend of the court opposing the gag order, and prosecutor David Harbach was admonished by Cannon for his tone during the hearing.