Judge Cannon is preparing to hold an extensive hearing on President Trump’s request to declare Jack Smith’s appointment as special counsel invalid.
Cannon issued an order on Tuesday permitting attorneys Josh Blackman, Gene Schaerr, and Matthew Seligman to present oral arguments during a June 21 hearing to address a motion to dismiss the 40 federal felony charges against President Trump.
All three lawyers are constitutional law experts who submitted amicus curiae, or “friend of the court,” briefs related to the motion to dismiss. Schaerr and Blackman are representing groups advocating for the dismissal of the case against the president, whereas Seligman is representing groups that argue the case should proceed.
The future of Trump's documents case remains uncertain regardless of the June 21 hearing's outcome, due to Judge Cannon indefinitely postponing the trial earlier this year. If Trump wins the election in November, it is likely that all charges against him will be dropped.
It is highly unusual for a federal trial judge to permit a third-party group unaffiliated with a criminal case to present arguments in court as part of a defendant’s legal challenges. Typically, this responsibility is reserved for the defendant's legal team, who argue against Justice Department prosecutors in courts nationwide. Even in appeals cases, allowing third parties to argue in court is rare.
Two former Republican-appointed U.S. attorneys general, Edwin Meese and Michael Mukasey, are among the “friends of the court” supporting Trump that Judge Cannon will hear from. According to the court record, these three groups, along with Justice Department and defense lawyers, will each have 30 minutes to present their arguments.
Meese and Mukasey assert that their former roles leading the Justice Department provide them with unique insights to share with the judge.
