The former president's lawyers claim that it is illegal to create a special Trump prosecutor position for Smith.
Judge Aileen Cannon is to hold a hearing on Friday to determine if Special Counsel Jack Smith has the legal right to prosecute Donald Trump, after his legal team filed a motion that claims the Justice Department has no legal right to establish a special counsel whose sole focus is to prosecute the former president.
In their joint motion, Barrett Tillman and the Landmark foundation note that, in March, they filed an amicus brief in which they claim that Smith is 'a mere 'employee'' and that 'Special Counsel Smith does not hold an 'office' and he is not an 'Officer of the United States,'' which means that funding him separately from the Department of Justice is a violation of the U.S. Constitution.
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