The judge overseeing former President Trump's criminal case over allegedly mishandling classified documents when he left the White House has set a hearing for this month over the legality of special counsel Jack Smith's selection.
Special counsel Jack Smith speaks to the media about an indictment of former President Donald Trump, Aug. 1, 2023, at an office of the Department of Justice in Washington. The judge overseeing former President Trump’s criminal case over allegedly mishandling classified documents when he left the White House has set a hearing for this month over the legality of special counsel Jack Smith’s selection.
In a docket entry Tuesday, Judge Aileen M. Cannon, a Trump appointee, said legal scholars could appear on June 21 to present arguments over his motion to dismiss the indictment. The argument gained notoriety when President Ronald Reagan’s attorney general and two law professors who clerked for Supreme Court Justice Antonin Scalia challenged Mr. Smith’s authority to prosecute Mr. Trump, saying a private citizen can’t bring criminal charges.
That case is pending while the Supreme Court reviews Mr. Trump’s claim of immunity from criminal charges as president. A decision from the justices is expected by the end of June.
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