DOJ claims Trump argument defies precedent, could lead to 'pernicious consequences'

Garland's authority to appoint special counsels is being contested.

Department of Justice (DOJ) prosecutor James Pearce argued on Friday that the legal analysis of former President Trump's defense team is “foreclosed by precedent."

He told U.S. District Judge Aileen Cannon that a ruling in favor of the defense's argument, declaring Special Counsel Jack Smith's appointment as unlawful, would invite potential for "pernicious consequences."

The prosecution maintained that Attorney General Merrick Garland has the statutory authority to appoint Smith, as well as other special counsels.

Pearce pointed to U.S. Code 28 Section 516, providing the attorney general with the authority to prosecute criminal matters and putting them in charge of any litigation on behalf of the United States.

In response to the Trump defense team's argument that Smith operates without any oversight, the prosecutor told Cannon that while the team operates independently on a day to day basis, Garland still maintains the authority to question them over any steps they take.