Gaetz questions Jack Smith's authority to keep up Trump probes after judge calls him 'unlawfully appointed'

FIRST ON FOX: Rep. Matt Gaetz, R-Fla., is writing to Attorney General Merrick Garland to question the legitimacy of special counsel Jack Smith’s continued probing of former President Donald Trump.

Gaetz, one of Trump’s closest allies in Congress, asked Garland for "any written authorization" or other documentation regarding Smith’s continued efforts despite his case against the ex-president getting thrown out by a federal judge in July.

"On August 27, 2024, Special Counsel Jack Smith filed a superseding indictment against former President Donald Trump in federal district court in the District of Columbia. One day later, he was arguing before the 11th Circuit Court of Appeals, attempting to overturn a federal district judge’s finding that he was unlawfully appointed by you," Gaetz wrote in the brief letter.

"It is unclear what authority Special Counsel Smith has to file either of these briefs or to provide services to the Department of Justice."

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Smith’s appointment as special counsel was deemed unlawful by Florida-based U.S. Judge Eileen Cannon, who said his lack of Senate confirmation for the role made him illegitimate.

Cannon, who was appointed by Trump, had been overseeing Smith’s prosecution of the former president over his handling of classified documents found at Mar-a-Lago.

Smith filed a response with the 11th Circuit Court of Appeals, arguing Cannon was wrong in her assessment of the special counsel role, arguing "precedent and history" were on his side, as well as a "long tradition of special-counsel appointments by Attorneys General and Congress’ endorsement of the practice."

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