Donald Trump once more petitions the court to disregard his January 6th criminal case, asserting that the special counsel is unlawful under the constitution.
"Everything that Smith has carried out since Garland's appointment, amidst Trump's persistent crusade against Biden and later Harris, was deemed unlawful and unconstitutional, according to Trump's legal team."
The filing on Thursday included political jabs directed at President Biden, with mentions of the election and Biden's recent comments suggesting "locking him up... politically."
Trump's team alleges that Garland was responding to Biden's inappropriate urging to target Trump, as reported in 2022, with his recent comment to "lock him up... politically."
Biden had stated, "I know this sounds bizarre – it sounds like if I said this five years ago, you’d lock me up. We gotta lock him up," followed by, "Politically lock him up. Lock him out. That’s what we have to do."
The filing, however, neglected to include the "politically" qualifier or any related context.
Judge Tanya Chutkan, overseeing the case against Trump in DC, has emphasized that politics plays no role in her decision-making process. Additionally, Justice Department regulations provide several mechanisms for Smith to make independent decisions from the attorney general. Garland and Biden have maintained that they do not coordinate on the appointment of special counsels. A federal grand jury in the DC District Court has also approved the indictment against Trump.
Earlier in the day, Trump announced that he would dismiss Smith if elected.
"Oh, it's so easy. It's so easy," Trump said, when asked by conservative radio host Hugh Hewitt about the possibility of "pardoning himself" or "firing Jack Smith."
"I would fire him within two seconds," Trump asserted.
The filing also seeks to bring higher courts into consideration regarding the legality of Smith's prosecutions.
Trump's legal team is presenting arguments similar to those that were successful in their bid to overturn the Florida classified documents case earlier this year. However, the DC Circuit Court of Appeals, which sits above Chutkan, has already declared special counsel's offices to be constitutional.
The precedent Chutkan must follow allows for special counsel's offices to investigate and prosecute federal cases on behalf of the Justice Department. Chutkan has indicated her intent to uphold the constitutionality of the special counsel's office in her court.
Thursday's filing provides Trump an opportunity to further challenge the issue, depending on Chutkan's verdict, potentially progressing to the Supreme Court.
In the Florida case dealing with mishandling classified documents, Judge Aileen Cannon ruled that Smith's team was unconstitutional, citing a recent dissent written by Justice Clarence Thomas. The Justice Department is appealing this ruling to the 11th US Circuit Court of Appeals. Cannon's ruling and the 11th Circuit's handling of the case have no binding effect on cases in the DC Circuit.
Trump's lawyers argue that the DC Circuit Court of Appeals' reasoning regarding special counsels does not apply to his case.
They allege that Smith's appointment, which did not receive congressional approval, and his office's financing, as it was not specifically authorized by Congress, are both invalid. Additionally, they request the judge to immediately instruct Smith to stop utilizing public funds for his office.
"Despite Judge Cannon's findings, the Special Counsel's Office has continued to pursue and invest resources in this case, and the Office is actively appealing Judge Cannon's ruling rather than the Department of Justice. These actions are ultra vires, and they should not be permitted to access funds from a source that Smith and his office should not utilize," the filing states.
Trump's filing to Chutkan on Thursday seeks to dismiss the conspiracy and obstruction charges related to his actions leading up to and on January 6, 2021.
The filing in Trump's case against Garland and Smith includes criticisms of Biden's political rhetoric, referencing his comments about "locking him up politically." Additionally, politics is a topic of concern in the case, as Judge Chutkan has stressed that it should not influence her decision-making process.
