The constitutionality of special counsel Jack Smith’s appointment will be put to the test next week during a hearing before U.S. District Court Judge Aileen Cannon.

Cannon, who already indefinitely postponed former President Donald Trump’s classified documents trial in May, will hear arguments June 21 on whether the entire case should be dismissed based on Smith’s allegedly “unlawful” appointment. Trump’s attorneys argue Smith, a private citizen neither nominated by the president nor confirmed by the Senate at the time of his November 2022 appointment by Attorney General Merrick Garland, lacks the authority to even bring charges.

Trump faces 41 felony counts in his Florida case. He was initially indicted last June on charges relating to his handling of classified documents.

“The Appointments Clause does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States,” Trump’s attorneys argued in a February motion. “As such, Jack Smith lacks the authority to prosecute this action.”