DOJ Prosecutor Argues Against Trump Defense's Claims

Merrick Garland U.S. Attorney General Garland in Washington

The Department of Justice (DOJ) prosecutor argued that the analysis of former President Trump's defense team is 'foreclosed by precedent.' The prosecutor emphasized to U.S. District Judge Aileen Cannon that ruling in favor of the defense's argument, which claims Special Counsel Jack Smith's appointment as unlawful, could lead to 'pernicious consequences.'

The prosecution asserted that Attorney General Merrick Garland has the statutory authority to appoint Smith and other special counsels. This authority is supported by U.S. Code 28 Section 516, which grants the attorney general the power to prosecute criminal matters and oversee litigation on behalf of the United States.

Prosecutor warns of 'pernicious consequences' if defense argument prevails.

DOJ prosecutor challenges defense's claim on Special Counsel appointment precedent.

U.S. Code 28 Section 516 grants Attorney General power to appoint special counsels.

In response to the defense team's assertion that Smith operates without oversight, the prosecutor clarified that while the team has day-to-day independence, Garland retains the authority to question their actions and decisions.