The recent brief filed by former Attorney General Ed Meese and two constitutional scholars argues that Jack Smith’s appointment as special counsel is unconstitutional.
They claim that Smith lacks the authority to represent the United States in the Supreme Court due to the absence of a legally established office and the violation of the Constitution’s Appointments Clause.
The brief emphasizes that only Congress can create federal offices and asserts that Smith’s appointment by Attorney General Merrick Garland is improper. (Trending: Judge Announces Historic Ruling In Jeffrey Epstein Case)
“Even if one somehow thinks that existing statutes authorize appointment of stand-alone special counsels with the full power of a U.S. Attorney, Smith was not properly appointed to such an ‘office,'” the amicus brief states.
It also suggests that if Smith’s appointment is deemed improper, all of his prosecutions, including those against Donald Trump, should be dismissed.
“Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos,” the brief reads.
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