Was appointment of Jack(boot) Smith as special counsel illegal?

Published: Sunday, December 24th, 2023 @ 1:17 pm
By: John Steed ( More Entries )

Former US Attorney General Ed Meese and two prominent law professors have filed a brief with the US Supreme Court arguing that Merrick Garland's appointment of Jack Smith (aka Jackboot Smith or Jackass Smith) was illegal under the appointments clause of the US Constitution and that all actions taken by him are null and void. The brief argues that under the Appointments clause, Garland was required to appoint someone already holding a prosecutorial office in the US government, as all previous special counsels have been, not go outside the government as they did with Smith.

https://redstate.com/shipwreckedcrew/2023/12/23/is-jack-smith-an-illegitimate-prosecutor-has-every-act-taken-by-him-been-without-lawful-authority-n2167897

https://www.thegatewaypundit.com/2023/12/gateway-pundit-exclusive-allegations-procedural-missteps-surface-against/

This has real potential to bring two of the Democrat "lawfare" attacks on Trump to a screeching halt. Even the far left New York Times has reported that Garland's efforts to prosecute Trump were the result of pressure from the White House. Trumping up criminal charges against one's top political opponent is what dictators do, and what Putin has done in Russia.

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Comments

Conservative Voter said:

( December 25th, 2023 @ 5:50 pm )

The real question is "Does the SCOTUS have the 'nads to do anything about it?"

Steven P. Rader said:

( December 25th, 2023 @ 4:57 pm )

The actual brief filed by former Attorney General Ed Meese and the two law professors is itself not readily available, Bob, but the legal theory behind it is well explained in the news coverage. Given who filed it, I trust their conclusion. One of those articles, the one in Red State, which is the better one, was written by a lawyer who has a practice in federal criminal law, not some hot shot journalist. He clearly has obtained the brief and read it to provide his analysis. I wish he could have put up a link to it, but he hasn't.

Big Bob said:

( December 25th, 2023 @ 3:47 pm )

Never let ‘not reading the documents’ stop you from coming to a solid conclusion.

Stan Deatherage said:

( December 25th, 2023 @ 2:07 pm )

I would go with the opinion of former DOJ AG Ed Meese over the corrupt Merrick Garland all day long.

Steven P. Rader said:

( December 25th, 2023 @ 11:34 am )

While I have not read the actual briefs, what is presented in the media reports suggests that former US Attorney General Ed Meese has a solid legal argument that the appointment of Jack Smith violates the Appointments clause of the US Constitution and everything he has done would be void ab initio. While the US Attorney General probably can legally appoint a special counsel, Jack Smith was not among those who Constitutionally qualify.

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