Trump defense warns of potential 'Shadow Government' if Jack Smith appointment is upheld

Trump's defense team claimed that statutes didn't provide the authority to appoint Smith.

Defense attorney for former President Trump, Emil Bove, used the phrase "shadow government" while arguing against the validity of Special Counsel Jack Smith's appointment in a Florida hearing on Friday.

Bove mentioned the term while describing a situation in which inferior officers, unconfirmed by the Senate, are put in power. "These are the risks we are running," he said.

The Trump defense team's argument in the hearing was that Smith's appointment by Attorney General Merrick Garland in 2022 was unlawful because the Department of Justice's special counsel regulations don't amount to an authorization to appoint a special counsel. 

Bove claimed, "The text of these statues can't be used to appoint an official... maybe an employee."

Due to the nature of his appointment, Bove explained Smith doesn't report to a superior who provides oversight, instead operating as a “free floating principal officer.”

Trump's team is making the case that because of the improper appointment, the entire classified documents case against the former president should be dismissed. Such a scenario is considered a long-shot, but U.S. District Judge Aileen Cannon seems to be giving the arguments serious consideration. She actively questioned lawyers on both sides throughout the first portion of the hearing.