Judge Aileen Cannon demands Jack Smith reveal extent of Merrick Garland's influence in Trump classified docs case

"I don’t want to make it seem like I’m hiding something."

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US District Judge Aileen Cannon, who is overseeing former President Donald Trump's classified documents case led by Special Counsel Jack Smith, raised significant questions on Friday regarding the extent of Attorney General Merrick Garland's involvement in overseeing the special counsel's work. 

During the session, Judge Cannon's inquiries appeared to catch Smith's prosecutors off guard, according to Politico. When asked about the level of communication between Garland and the special counsel, Smith’s deputy, James Pearce, responded that he was "not authorized" to discuss the specifics. 

"I don’t want to make it seem like I’m hiding something," Pearce then added.  

Cannon’s line of questioning occurred on Friday after a five-hour hearing where Trump’s legal team has argued that the charges should be dismissed. Trump's attorneys contended that Smith's appointment by Garland was unconstitutional, asserting that Smith lacked the legal authority to prosecute the case. They argued that only an officer appointed by the president and confirmed by the Senate should possess the authority Smith holds. 

Judge Cannon's line of questioning seemed aimed at clarifying the degree of Smith's independent authority. 

Earlier in the hearing, Trump attorney Emil Bove referenced Garland's previous statements claiming that there was "no coordination" between the Attorney General and the special counsel, with Smith on another criminal case against Trump related to allegations of attempting to overturn the 2020 election. 

Pearce and Smith’s team argued that Smith’s appointment was a lawful exercise of Garland's discretion in organizing the Justice Department. Pearce emphasized that Smith's actions were "in compliance" with longstanding Justice Department rules and regulations. 

Friday was the first of a three-day sequence of hearings that will continue on Monday and conclude on Tuesday. On Monday, the hearing will center on claims by Trump’s team that Smith is being improperly funded by the Justice Department.  

Cannon was randomly assigned to preside over Trump’s classified documents case after Smith charged the former president last June. Cannon is a 2020 Trump appointee but has not given a clear indication of how she intends to rule in the case. 

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