A recent amicus brief filed at the DC Circuit Court of Appeals by Edwin Meese III, along with law professors Calabresi and Lawson, challenged the authority of Special Counsel Jack Smith to prosecute Trump.
The argument focused on technicalities, claiming that Smith, as a private citizen at the time of his appointment, is ineligible to serve, and that the Attorney General lacks the authority to appoint a special counsel without presidential nomination and Senate confirmation.
If accepted, the argument could sidestep the issue of Trump’s absolute immunity.
The approach, emphasizing the technicality of Smith’s appointment, could potentially reshape presidential accountability and the role of special counsels.
The use of amicus briefs in high-profile cases, as seen in the Dobbs v. Jackson Women’s Health case, has the potential to influence judicial decisions, and in this instance, could impact the timing of Trump’s criminal cases.
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