The judge overseeing the case involving former President Donald Trump's classified documents in Florida is scheduled to conduct a hearing on Friday to address the legitimacy of Jack Smith serving as a special prosecutor in the case.
In December, former Reagan administration Attorney General Edwin Meese submitted an amicus brief to the Supreme Court, contending that Smith's appointment as special counsel was illegal, thus disqualifying him from prosecuting Trump. Attorney General Merrick Garland had appointed Smith to the role while he was a private citizen. Meese argued that the proper procedure would have been for Smith to be chosen by the president, confirmed by the Senate, and operating within the Justice Department as special counsel.
Judge Aileen Cannon will listen to insights from several experts not directly involved in the case, including Meese, regarding the assertion that Smith lacks the qualifications to serve as special counsel.
This hearing follows a delay in Trump's trial as Judge Cannon addresses numerous motions to dismiss the case.
In August 2022, the FBI confiscated 33 boxes of documents from Trump's Mar-a-Lago estate in Florida. Trump faces 40 felony charges, including alleged violations of the Espionage Act, providing false information to investigators, and conspiring to obstruct justice. Trump has entered a plea of not guilty.