George Conway explains why a legal expert’s pitch to the DOJ is 'an interesting gambit'

Former President Donald Trump's lawyers in his Mar-a-Lago classified documents case are arguing Jack Smith's appointment as special counsel in the case was not constitutional, as a part of their efforts to have the case thrown out all together.

Presiding Judge Aileen Cannon — who was appointed to the bench by Trump — is strongly considering the argument.

Conservative lawyer George Conway on Monday spoke with CNN's Erin Burnett about a pitch Conway's fellow legal expert, George Washington University law professor Randall Eliason made to the DOJ for how the department should move forward in handling the baseless argument against Smith.

READ MORE: Cannon’s latest moves leave analyst 'gobsmacked'

"I know that if she were to rule against Jack Smith in these cases, or his appointment, that would give him a chance to move to have her removed," Burnett said, "he might succeed, and this case could continue."

The CNN host then pointed to a tweet posted Eliason Monday, in which he makes a suggestion for the DOJ in the case Cannon rules that Smith was not properly appointed.

"He said, 'The government should not appeal," Burnett noted. "Instead, have the US attorney in Florida refile the same charges in a new case. Hope the case is reassigned to a different judge, and then have special counsel prosecutors designated as special assistant US attorneys in Florida to continue their prosecution of Trump. He says that would end up being a much quicker process."

The CNN host asked Conway, "What do you make of that argument?"

READ MORE: 'Recusal in a skinny-minute': How Jack Smith motion 'exposes Cannon to oversight'

The conservative lawyer replied, "I think it's an interesting gambit, and actually, Randy Eliason and I had an exchange about this on X (formerly Twitter), and I think the problem with his suggestion is that the next case that would be filed by the the US attorney in liu of the special counsel could also easily, under the local rules, as I read them, go to Judge Cannon. Because, arguably, it would be efficient to have the same judge handle that next case."

Conway continued, "Let's leave apart the question of whether or not she's competent and biased. So, the argument that Professor Eliason is suggesting is that the rule only applies to the assignment of cases where there's an existing present case already before the court, but I think the rule actually could go beyond that. And so I'm not at all sure that Professor Eliason's gambit would work."

Watch the video below or at this link.

George Conway: Why this legal expert’s 'interesting gambit' for DOJ may not workyoutu.be