Trump's Classified Documents Case Postponed Indefinitely Amid Lawful Appointment Challenge

Former President Trump's classified documents case has been indefinitely postponed by a federal judge, who expanded a hearing to focus on the validity of special counsel Jack Smith's appointment.

Federal Judge Aileen Cannon has indefinitely postponed the trial of former President Donald Trump in a case involving his alleged improper retention of classified records. The trial was originally scheduled to stem from special counsel Jack Smith's investigation.

Judge Cannon's decision to postpone the trial is based on a challenge to the legality of Smith's appointment as special counsel. She has scheduled a hearing on June 21 to consider the motion to dismiss, which alleges that Smith's appointment violates the Appointments Clause of the Constitution.

The motion to dismiss was filed by former Attorney General Ed Meese, who argues that Attorney General Merrick Garland's appointment of Smith, who was a private citizen at the time, as special counsel is illegal. Meese maintains that Smith lacks the authority to represent the United States in court.

In response, Garland has defended his move, citing regulations under which the attorney general can appoint special counsel that have been in effect for 30 years. He argues that Smith's appointment is authorized by a regulation that references a statute.

However, Meese contends that none of the relevant statutes or constitutional provisions authorize the appointment of a private citizen as special counsel with extraordinary criminal law enforcement power.

The hearing on June 21 will allow amici to present arguments on the legality of Smith's appointment. Gene Schaerr will represent Meese, Josh Blackman will represent Professor Seth Barrett Tillman, and Matthew Seligman will represent constitutional lawyers, former government officials, and State Democracy Defenders Action.

Cannon has also scheduled additional hearings from June 24 to June 26 and set deadlines for disclosures from the special counsel in early July and the defendants' speedy trial report on July 19, the final day of the Republican National Convention.

Trump is set to be sentenced on July 11 in a separate case in Manhattan, where he was found guilty on all counts in New York v. Trump stemming from District Attorney Alvin Bragg's investigation.

Cannon's decision to postpone the trial follows her unsealing of a slew of documents related to the FBI's investigation into Trump's alleged mishandling of classified documents and the raid on his Mar-a-Lago estate in 2022.

The documents provide insights into the personnel involved in the raid and a timeline of the operation. One document suggests that the FBI investigation was codenamed "Plasmic Echo."

In addition, Smith and federal prosecutors have admitted that documents seized during the raid on Mar-a-Lago are no longer in their original order and sequence.

Smith has also charged Trump with election interference and events related to January 6 in a separate case in Washington, D.C. Trump has pleaded not guilty to those charges. That trial is also postponed indefinitely, and the Supreme Court is considering arguments on presidential immunity in that case. The Supreme Court is expected to rule on the matter by mid-June.