Judge Cannon is sitting on this motion and could rule on it at any time.
One of the Supreme Court Justices brought the issue up at the oral arguments for immunity.
The Supreme Court is pacing the immunity issue in Smiths DC show trial and Cannon is in full control of the pacing of Smith's documents fiasco in Florida.
Cannon is actually exposing Smiths malicious prosecution and Biden collusion in the documents case which is helping Trump I suspect that she is sitting on ruling on the legality of Smith's appointment to generate more evidence on Smiths framing of Trump and to wait until the Supreme Court rules on immunity.
The Supreme Court will almost certainly rule that the President has immunity for official acts but not for some personal actions.
Given the Court's general history of antipathy to Trump, they will likely remand the determination of whether Trumps actions were personal or private to DC Judge Chutkin and we all know exactly how that will go.
At this point, it would be good timing for Cannon to rule on the illegality of Smith's appointment
Chutkin has a completely different case. She is presiding over the January 6 case that Trump tried to “overthrow” the government. She doesn’t have a say in cannons case.
Interesting background on the legality of Smith’s appointment and the exact nature of his role, at lease technically, as head prosecutor or mere assistant.
Non-Evidentiary Hearing on Motion to Dismiss
Indictment Based on Unlawful Appointment and Funding of Special Counsel
[ECF No. 326]3
June 21, 2024 (9:30 a.m.)
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648652/gov.uscourts.flsd.648652.530.0.pdf
There is an old Accounting expression:
“PICKING THE FLY SHIT OUT OF THE PEPPER”
It is rendered as “useless WASTE of TIME with no results you do not already have.”
SMITH has passed that road marker.