At the Harvard Journal of Law and Public Policy's online journal Per Curiam, Seth Barrett Tillman & Josh Blackman: What We Did and Did Not Argue in United States v. Trump. From the introduction:
On June 21, 2024, Judge Aileen Cannon of the United States District Court for the Southern District of Florida heard oral argument in United States v. Trump. This prosecution was brought by Special Counsel Jack Smith with regard to former President Trump’s possession of certain documents at Mar-A-Lago. Blackman presented oral argument that day based on an amicus brief we had filed, with the Landmark Legal Foundation, in March.
Our goal here is to explain the lines of argument we put forward in our amicus brief, our motion, and at the hearing on Friday, June 21, 2024. We will address three questions. First, does United States v. Nixon require the District Court to dismiss the former President’s motion to dismiss the indictment? Second, does the Special Counsel hold a continuous “Officer of the United States” position? And third, has Congress appropriated money to pay the Special Counsel and his staff and contractors?
Posted at 11:30 AM