It’s not exactly news when former President Donald Trump’s legal team moves to dismiss the charges filed against him, either by special counsel Jack Smith or other parties.

However, it is news when part of the motion is specifically tailored for Smith, noting that his close ties to the Democrats and the attorney general made his appointment a mockery of the special counsel system.

Furthermore, the attorneys argued that “Article III courts” — known more colloquially as “constitutional courts” — “cannot sit in judgment directly over the president’s official acts, and that any attempt to do so violates the separation of powers.”

“In Marbury v. Madison, Chief Justice Marshall described this doctrine as foundational and self-evident. ‘By the constitution of the United States, the President is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience,'” they wrote.