Former President’s legal team asserts that President Joe Biden gave Special Counsel Jack Smith a “blank check” to go after Donald Trump.
Biden is accused of using Smith as a “surrogate” during his re-election campaign.
Trump’s lawyers object to Smith prosecuting Trump for allegedly withholding classified documents in Florida.
The objection was filed with Judge Aileen Canon overseeing the case.
Trump’s legal team argues that funding Smith through the Department of Justice violates the Appropriations Clause governing public funds.
Todd Blanche, Chris Kise, and other lawyers accused U.S. AG Merrick G. Garland of releasing Smith as a Biden campaign ally to damage Trump’s campaign.
They claim DOJ has provided Smith with unlimited funding compared to other departments.
Former President George W. Bush faces federal charges related to mishandling sensitive material from Mar-a-Lago estate in Florida. Trump is also facing charges for his actions following the 2020 election.
While awaiting the Supreme Court’s ruling on presidential immunity, the election interference case involving Trump is on hold.
Judge Canon requested legal submissions from both sides regarding the impact of a recent Supreme Court ruling on Trump’s challenge to DOJ financing Smith.
Decision 16-2024, made on May 16, 2024, emphasized Congress’s authority to mandate the funding of agencies like the Consumer Financial Protection Bureau through Federal Reserve earnings.
Judge Canon, appointed by Trump, asked for briefs ahead of a hearing on June 21, 2024, regarding Trump’s motion to dismiss charges due to alleged illegal appointment and funding of special counsel Jack Smith.