representative Matt Gates a republican from Florida is writing to attorney general Merrick Garland to question the legitimacy of special Council Jack Smith's ongoing investigation of former president Donald Trump Gates who is one of Trump's closest allies in Congress is asking Garland for written authorization or other documentation regarding Smith's continued efforts despite a federal judge throwing out the case against the ex-president in July on August 27th 2024 special counsil Jack Smith filed a new indictment against former president Donald Trump in federal court in Washington DC the next day he was arguing before the 11th Circuit Court of Appeals to challenge a federal judge's ruling that his appointment was unlawful as mentioned in Gates's letter it is unclear what Authority special counsel Smith has to file these legal documents or provide services to the Department of Justice Smith's appointment was deemed unlawful by us judge Eileen Cannon Who was appointed by Trump and oversaw the prosecution of the former president over classified documents found at maralago Smith argued against Canon's ruling citing historical precedent and tradition of special counsel appointments he also filed a superseding indictment in a separate probe into whether Trump conspired to overturn the 2020 election following a Supreme Court ruling on presidential immunity Gates questioned Smith's legal standing to file these motions and asked Garland if proper consultation and authorization were obtained before the superseding indictment was filed Trump has denied any wrongdoing in the prosecutions against him with allies like Gates and representative Elise stefanic defending him and challenging the legal proceedings it remains uncertain how Trump's legal battles will impact his potential re-election bid with less than two months until election day the Department of Justice has not yet responded to Gates's letter