When you look at appellate court in the eye twice and tell them that you're not going to raise an issue about whether Jack Smith, the special counsel, was properly appointed or funded on the United States Constitution, you may not be able a year later to take the opposite position in front of the trial judge.

I'm Michael Popock. You're on the new Legal AF YouTube channel.

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and I'm at the intersection looking at a new filing

by the special counsel Jack Smith, who reminds Judge Chutkin,

as to why she should immediately, immediately,

without waiting another moment, dismiss Donald Trump's

last-minute, year-late motion, where he waived the argument that Jack Smith was unconstitutionally appointed by the Attorney General, that he should be confirmed by the United States Senate, which is completely different than how a dozen other special counsel, including under Donald Trump, have ever been

appointed, and should ignore the plain language of a 1987 congressional statute that says that

there will be indefinite funding. That's exactly what it sounds like for future special

councils from Congress. All right, let's break it down right here on this particular hot take by the time I'm done.

You'll understand how quickly Judge Chutkin is going to deny the motion that she told the lawyers in the

early September, I really don't think you should bring this motion. I really don't think you should rely

on Judge Cannon, who ruled that the special counsel was improperly, illegitimately appointed and funded, I don't think you should do that.

But if you want to do it, you can do it.

And they filed their motion last week.

And she gave until today Jack Smith to respond.

And it had a very elegant and efficient 18 pages, which is a sign that he knows he's got the better argument.

Because he doesn't have spent 50 to 100 pages around the story it's very simple there's two arguments that donald trump made

they're called the appointment and the and the apportionment argument the a and a the appointment

clause under article 2 of the constitution the apportionment that comes from an act of

Congress and how you fund certain offices like the special counsel. But before he even gets to the

...