'CONSTITUTIONALLY INVALID' - Trump Lawyer Drops Truth Bomb On Jack Smith | StoneZONE Clip
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Beyond that, you still have in the documents case a preservation by the president's lawyers of a potential challenge to the legality of Jack Smith's very appointment.
There is, I think, a legitimate legal theory, without getting in the weeds, that because he was never approved by the U.S.
Senate, Because he was not a sitting U.S.
attorney and thus having been approved by the U.S.
Senate, I should say confirmed, that his appointment may be illegitimate.
Tell me your thinking on all of that, if you would.
Yes, on the Presidential Records Act point, what Judge Cannon has basically said is that she views that as an issue for trial.
So I think that we will end up presenting evidence based on the Presidential Records Act that President Trump believed that he had the right to retain these documents.
And that is a defense under the law, based on the Espionage Act subsection that President Trump has been charged with.
If the jury believes that President Trump believed that he had the right to retain these documents, then that would be a defense.
That would be exonerative.
Um, so while the case wasn't dismissed on the basis of the Presidential Records Act, that's going to be an issue for trial.
On the appointments question, we've made that argument in Florida, as has former Attorney General Ed Meese and a number of others, that Jack Smith's appointment is constitutionally invalid.
Uh, that's going to be an issue that we're going to have to see play out in the courts, likely both at the district court level and on appeal.
But I think the argument is compelling and strong.
We've never had a special counsel before who had not gone through the Senate confirmation process, who was not thereby a maiden officer of the United States through the typical constitutional process.
So that's a powerful argument, and Judge Cannon seems open to it.
And on the selective prosecution point, I think it's clear that this is a selective prosecution, whether the case ends up being dismissed or not.
I think the optics around all of these documents cases just think that, you know, Hillary Clinton was given a slap on the wrist.
Joe Biden won't be prosecuted because I guess the jury would be too sympathetic because he's old and forgetful.
And yet President Trump is facing felony indictment in the Southern District of Florida over exactly the same offenses.
Whereas the conduct of Biden and Hillary doesn't even have the legal shield of the Presidential Records Act and some of the other defenses that we've raised.
So I think it's clearly a case of selective prosecution.
I think the American people understand that.
And we'll have to see how that plays out in court in the coming weeks.
A man who's gone through hell, but he's kept going and he's smart and he's strong and people love him.
Not everybody, but people love him and respect him.