U.S. District Judge Tanya Chutkan appears to have already dismissed any serious consideration of throwing out former President Donald Trump’s federal election interference case based on claims that special counsel Jack Smith was improperly appointed. Former federal Judge John E. Jones, speaking with CNN’s Boris Sanchez on Thursday, explained that Chutkan’s remarks during a recent hearing suggest she is not swayed by these legal theories.
The argument, first raised by Supreme Court Justice Clarence Thomas in a concurring opinion, suggests that Smith, not being Senate-confirmed, lacks the authority to bring federal cases. This line of reasoning was later used by Judge Aileen Cannon to dismiss Smith’s case against Trump regarding the unlawful removal of classified documents. That ruling is currently under appeal.
Sanchez noted how Trump’s legal team is likely to attempt the same strategy in this case, questioning Smith’s appointment and suggesting it was unconstitutional. However, Jones believes Judge Chutkan has already made her stance clear.
“Judge Chutkan tipped her hand today,” said Jones. “She said that she did not find Judge Cannon’s opinion, ‘particularly persuasive.’ That means, in judge-speak, I don’t think it holds water at all. I think that was a way to sort of candy-coat it.”
Jones further pointed out that Chutkan referenced Thomas’ concurring opinion, which he described as non-binding dicta, indicating she did not find it compelling either. “So one thing we can say with assurance after the hearing today is, they can preserve that for appeal if they want to, but I don’t think Judge Chutkan is ever going to toss this thing based on the special counsel being unlawful,” Jones concluded.
“That’s just not going to happen.” Chutkan’s statements suggest that Trump’s legal team is unlikely to succeed in their efforts to challenge Smith’s authority, at least in her courtroom, solidifying the case’s forward momentum.