Trump classified docs judge expands hearing to consider 'unlawful' appointment of special counsel Jack Smith

The judge presiding over former President Trump’s classified documents case has expanded a hearing for later this month to focus on whether the appointment of special counsel Jack Smith was unlawful and invalid.

Judge Aileen Cannon of the U.S. District Court for the Southern District of Florida postponed the trial stemming from Smith’s investigation into Trump’s alleged improper retention of classified records indefinitely.

FEDERAL JUDGE POSTPONES TRUMP'S CLASSIFIED RECORDS TRIAL WITH NO NEW DATE

Upon postponing the trial, Cannon scheduled deadlines for reports on June 10 and 17 – and a nonevidentiary hearing on a motion to dismiss on June 21 – "based on unlawful appointment and funding of special counsel."

Cannon has expanded that June 21 hearing to allow amici to argue before the court, as well as Trump defense attorneys and federal prosecutors.

Former Attorney General Ed Meese, who served under former President Reagan, filed an amicus brief in the case, in which he argues that Attorney General Merrick Garland’s appointment of Smith as special counsel – a private citizen at the time – is in violation of the Appointments Clause of the Constitution.

"Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor," the brief states.

"Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos," they argued.

Meese argues that the "illegality" of Smith’s appointment is "sufficient to sink Smith’s petition, and the Court should deny review."

Meese and company noted in the brief that Smith was appointed "to conduct the ongoing investigation into whether any person or entity [including former President Trump]