We the People

Can the Attorney General Appoint a Special Counsel?

Listen Later

In July, U.S. District Judge Aileen Cannon dismissed a criminal case charging former President Donald Trump with hoarding classified documents at his home in Mar-a-Lago and obstructing justice. Judge Cannon reasoned that the prosecutor in this case, Special Counsel Jack Smith, was not properly appointed by the Justice Department. Matthew Seligman of Stanford Law School and Josh Blackman of the South Texas College of Law Houston, who argued before Judge Cannon on opposite sides of this issue, join Jeffrey Rosen to debate the legal basis for the special counsel role.



Resources: 
  • United States v. Nixon (1974) 
  • Trump v. United States (2024) 
  • Josh Blackman and Seth Barrett Tillman, Brief of Professor Seth Barrett Tillman and Landmark Legal Foundation as Amici Curiae in Support of Defendant Trump’s Motion to Dismiss the Indictment, United States v. Trump (March 21, 2024) 
  • Matthew Seligman, Motion for Leave to File Brief by Constitutional Lawyers, Former Government Officials, and State Democracy Defenders Action as Amici Curiae in Opposition to Defendant Donald J. Trump’s Motion to Dismiss, United States v. Trump (April 3, 2024) 
  • Judge Aileen Cannon, Order Granting Motion to Dismiss Superseding Indictment Based on Appointments Clause Violation, United States v. Trump (July 15, 2024) 
  • Jack Smith, Brief for the United States, United States v. Trump, Eleventh Circuit Court of Appeals (August 26, 2024) 



    • Stay Connected and Learn More:
    • Questions or comments about the show? Email us at [email protected].  
    • Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.  
    • Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly. 
    • You can find transcripts for each episode on the podcast pages in our Media Library.


      • Donate
      ...more
      View all episodesView all episodes
      Download on the App Store
      We the PeopleBy National Constitution Center
      • 4.6
      • 4.6
      • 4.6
      • 4.6
      • 4.6

      4.6

      1,081 ratings

      More shows like We the People

      View all
      Political Gabfest by Slate Podcasts

      Political Gabfest

      8,474 Listeners

      The Political Scene | The New Yorker by The New Yorker

      The Political Scene | The New Yorker

      4,113 Listeners

      Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

      Amicus With Dahlia Lithwick | Law, justice, and the courts

      3,530 Listeners

      Conversations with Bill Kristol by Bill Kristol

      Conversations with Bill Kristol

      2,031 Listeners

      Live at the National Constitution Center by National Constitution Center

      Live at the National Constitution Center

      146 Listeners

      The Lawfare Podcast by The Lawfare Institute

      The Lawfare Podcast

      6,304 Listeners

      Civics 101 by NHPR

      Civics 101

      2,550 Listeners

      Radio Atlantic by The Atlantic

      Radio Atlantic

      2,380 Listeners

      Stay Tuned with Preet by Preet Bharara

      Stay Tuned with Preet

      32,354 Listeners

      Interesting Times with Ross Douthat by New York Times Opinion

      Interesting Times with Ross Douthat

      7,244 Listeners

      Strict Scrutiny by Strict Scrutiny

      Strict Scrutiny

      5,832 Listeners

      Advisory Opinions by The Dispatch

      Advisory Opinions

      3,946 Listeners

      The Ezra Klein Show by New York Times Opinion

      The Ezra Klein Show

      16,525 Listeners

      Divided Argument by Will Baude & Dan Epps

      Divided Argument

      746 Listeners

      The Opinions by The New York Times Opinion

      The Opinions

      632 Listeners