In former President Donald Trump’s classified documents case, President Trump’s lawyers are seeking to have the case thrown out because they say the prosecutor, Special Counsel Jack Smith, was appointed illegally.
NTD spoke to John Malcolm, the vice president of the Heritage Foundation’s Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies. He said the legal argument hinges on whether Mr. Smith is an “inferior officer” or a “principal officer.” If Mr. Smith’s an inferior officer, his appointment is likely to be declared legitimate, Mr. Malcolm said, whereas if he’s a principal officer, he could be removed—given that he wasn’t appointed by Congress.