FORT PIERCE, Fla. >> Lawyers for Donald Trump made a longshot argument Friday that the Justice Department prosecutor who charged the former president with hoarding classified documents at his Florida estate was illegally appointed and that the case should therefore be dismissed.

The challenge to the legality of special counsel Jack Smith’s appointment kicked off a three-day hearing that is set to continue next week and bring further delays to a criminal case that had been scheduled for trial last month but has been snarled by a pileup of unresolved legal disputes. The motion questioning Smith’s selection and funding by the Justice Department is one of multiple challenges to the indictment the defense has raised, so far unsuccessfully, in the year since the charges were brought.

U.S. District Judge Aileen Cannon heard several hours of arguments Friday from lawyers for both sides, with Trump attorney Emil Bove at one point asserting that the Justice Department could create a “shadow government” through the appointment of special counsels. Prosecutors say there was nothing improper or unusual about Smith’s appointment. Cannon did not immediately rule, but in an unusual move, has agreed to hear arguments later in the day from legal experts who are not part of the case.

Even as Smith’s team looks to press forward on a prosecution seen by many legal experts as the most straightforward and clear-cut of the four prosecutions against Trump, Friday’s arguments aren’t about allegations against the former president. They’ll center instead on decades-old regulations governing the appointment of Justice Department special counsels like Smith, reflecting the judge’s continued willingness to entertain defense arguments that prosecutors say are frivolous and meritless, contributing to the indefinite cancelation of a trial date.

Cannon, a Trump appointee, had exasperated prosecutors even before the June 2023 indictment by granting a Trump request to have an independent arbiter review the classified documents taken from Mar-a-Lago — an order that was overturned by a unanimous federal appeals panel.

Since then, she has been intensely scrutinized over her handling of the case, including for taking months to issue rulings and for scheduling hearings on legally specious claims — all of which have combined to make a trial before the November presidential election a virtual impossibility. She was rebuked in March by prosecutors after she asked both sides to formulate jury instructions and to respond to a premise of the case that Smith’s team called “fundamentally flawed.”

The New York Times, citing two anonymous sources, reported Thursday that two judges — including the chief federal judge in the southern district of Florida — urged Cannon to step aside from the case shortly after she was assigned to it.

The hearing is unfolding just weeks after Trump was convicted in a separate state case in New York of falsifying business records to cover up a hush money payment to a porn actor who has said she had sex with him.

Meanwhile, the Supreme Court is poised to issue within days a landmark opinion on whether Trump is immune from prosecution for acts he took in office or whether he can be be prosecuted by Smith’s team on charges that he schemed to overturn the results of the 2020 presidential election.