NLPC’s Kamenar: Trump Will Challenge Jack Smith’s Appointment on Constitutional Grounds

NTD spoke with Paul Kamenar, lead counsel at the National Legal and Policy Center, who breaks down of some of the legal challenges former President Donald Trump is facing, including cases at the federal and state levels. Click here or on the TV image to watch the interview.

Paul attended the hearing yesterday before Judge Tanya Chutkan on a motion by Special Counsel Jack Smith for a protective order on the information turned over to the defense to prevent “the improper dissemination or use of discovery materials.” The judge issued a protective order that is less far-reaching than sought by Smith.

Paul predicted that Trump’s attorneys would challenge Smith’s appointment and authority on Constitutional grounds, a question that Paul previously litigated in 2018 and 2019 with NLPC’s support.

The nearly yearlong litigation went through the U.S. District Court for the District of Columbia, up to the U.S. Court of Appeals for the District of Columbia, and back down to the District Court.

The challenge was initiated in June 2018 when Paul filed a Motion to Quash a subpoena for Andrew Miller, who had been subpoenaed as witness in the Robert Mueller probe, to appear before a Grand Jury. Paul argued that Mueller had been appointed in violation of the Appointments Clause of the Constitution and therefore had no authority to call Miller as a witness.

In February 2019, the Court ruled against Miller. At the time, Kamenar asserted that the issue would resurface.