Trump argues Smith unlawfully appointed in documents and election cases

Washington — Former President Donald Trump urged two separate federal courts to toss out the criminal charges brought against him by special counsel Jack Smith, arguing in both instances that Smith was unlawfully appointed and did not have the legal backing to prosecute the cases.

Trump's requests were made to the federal district court in Washington, D.C., which is overseeing the case stemming from the 2020 election, and the U.S. appeals court in Atlanta, which is reviewing a lower court ruling that dismissed the separate case that arose out of the former president's alleged mishandling of documents marked classified.

In the case in Washington, Trump is seeking to file a motion to dismiss the four criminal charges brought against him based on the legality of Smith's appointment of special counsel. A district court judge in South Florida, who is overseeing the documents case, ordered an end to that prosecution in July after she found Smith was unconstitutionally appointed and funded.