FILE - A police officer stands beside an entrance to the Alto Lee Adams Sr. U.S. Courthouse, Aug. 15, 2023, in Fort Pierce, Fla. The federal judge presiding over the classified documents case against former President Donald Trump is hearing arguments Friday, June 21, 2024, on a long-shot defense effort to get the indictment thrown out based on the claim that the prosecutor who brought the charges was illegally appointed.
Even as Smith's team looks to press forward on a prosecution seen by many legal experts as the most straightforward and clear-cut of the four prosecutions against Trump, Friday's arguments aren't about allegations against the former president.
The New York Times, citing two anonymous sources, reported Thursday that two judges — including the chief federal judge in the southern district of Florida — urged Cannon to step aside from the case shortly after she was assigned to it. Smith's team has said Garland was fully empowered as the head of the Justice Department to make the appointment and to delegate prosecutorial decisions to him. They note that a similar argument failed during a challenge to the special counsel appointment of Robert Mueller, who was tapped during the Trump administration to investigate potential ties between Russia and Trump's 2016 campaign.
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