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Trump Attorneys: Jack Smith Unlawfully Appointed, Court Must Dismiss Classified Documents Case

Attorneys for former President Donald Trump filed several motions to dismiss a federal indictment led by Special Counsel Jack Smith on Thursday surrounding Trump’s handling of classified documents.

The former president is ultimately facing 40 counts in the Southern District of Florida stemming from allegations that he unlawfully retained national defense information and then tried to stall a federal probe into his handling of the documents. Special Counsel Jack Smith was appointed by Attorney General Merrick Garland in 2022 to handle two investigations into Trump, the other being related to January 6 and the riot at the U.S. Capitol.

One of the motions argues that Jack Smith was unlawfully appointed to his role under the Appointments Clause and the Appropriations Clause, and a second motion argues that Trump’s possession of classified documents at his Mar-A-Lago home was not unauthorized under the Presidential Records Act (PRA).

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