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Attorneys for former President Donald Trump on Thursday asked a judge to dismiss the January 6 case against him, arguing that special counsel Jack Smith was unconstitutionally appointed, according to The Hill. 

Smith was not confirmed by the Senate but was appointed by Attorney General Merrick Garland.

Smith has been leading two investigations into the former president, including a classified documents case that was dismissed earlier this year. However Smith is appealing the dismissal.

The request was made to U.S. District Judge Tanya Chutkan in Washington, D.C., and centers around the same argument made in the classified documents case. 

Judge Aileen Cannon ruled that no legal statue gave Garland the authority to give Smith the amount of power he has as special counsel, and that the appointment violated the Appointments Clause of the United States Constitution.

Trump’s lawyers claimed that Smith was appointed by Garland as a “private citizen.” 

“The proposed motion establishes that this unjust case was dead on arrival — unconstitutional even before its inception,” Trump’s attorneys wrote on Thursday. “Everything that Smith did since Attorney General Garland’s appointment, as President Trump continued his leading campaign against President Biden and then Vice President Harris, was unlawful and unconstitutional.”

Trump is currently facing four charges in D.C., related to his alleged efforts to overturn the results of the 2020 presidential election. He has pleaded not guilty to all charges. 

Smith has until Oct. 31 to file a response. 

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.