You know the phrase, day late and a dollar short? Well, special counsel Jack Smith does,

because his new paper filed with a D.C. Judge, Judge Chutkin, to try to avoid him being dismissed

as illegitimate and funded unconstitutionally basically tells the court that Donald Trump

is a year late in making such a motion and should not be allowed to make it now,

and that even if he were, his entire argument about how the special counsel's office has been funded

or how it was appointed is all washed up. That's the dollar short. Let's break into it right now.

I'm Michael Popock, Midas Touch Network, and Legal A.F. Let me frame it for you.

That was the headline. Donald Trump, for the first time in over two and a half years of being

prosecuted in the D.C. Election Interference case in front of Chutkin in September,

at a September 5th conference raised for the first time that they're planning to bring a motion to dismiss

based on the fact that they believe that Jack Smith was unconstitutionally and illegitimately appointed by the attorney general

and that he was improperly and unconstitutionally funded in violation of some sort of congressional edict.

He hadn't raised that at any other time in the case. And of course, he's relying on a recent

win he got with his candidate of choice for the attorney general position, Aileen Cannon,

the federal judge down in the Southern District of Florida in the Mar-a-Lago case.

The problem is he had to bring such a motion back in October of 2023.

We are now approaching Halloween 24.

And so that is the day-late argument that leads off the new paper by Jack Smith. His argument is simple.

They've always known about the special counsel. They've always known how he was appointed.

They've always known about the order of the attorney general establishing the inferior office of

the special counsel's office pursuant to Department of Justice guidelines. Several statutes

approved by Congress and

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