Donald Trump posted on Truth Social:
“Biden’s Flunky, Deranged Jack Smith, should go to HELL. He is helping his Corrupt and Incompetent President to destroy America through Weaponization and ELECTION INTERFERENCE! Smith is a Crooked Prosecutor who shouldn’t even be allowed to be in the position he is in—It is Prosecutorial Misconduct. The Great Ed Meese from the Ronald Reagan Era has him figured perfectly!”
According to Briebart, in a recent amicus brief, lawyers representing former Attorney General Ed Meese and two constitutional scholars argued that the appointment of Jack Smith as special counsel is unconstitutional. The brief, filed on Wednesday, contends that Smith lacks the authority to represent the United States before the Supreme Court because the office he holds has not been created by Congress, violating the “Appointments Clause” of the Constitution.
The filing asserts that U.S. Attorney General Merrick Garland improperly appointed Smith to a non-existent office, lacking the authority Garland claimed. Meese, along with constitutional scholars Steven Calabresi and Gary Lawson, argues that only Congress has the power to create federal offices, and Congress has not done so in this case.
The attorneys point out that the Constitution grants Congress the authority to create additional offices, as evidenced by the phrase “established by Law.” While the offices of President and Vice President are constitutionally created, any additional offices must be established by Congress. They note that Congress had previously passed a law authorizing a similar position called an “independent counsel,” but that statute expired in 1999.
The amicus brief contends that Garland cannot appoint an employee to perform tasks that Congress has not authorized, emphasizing that only an “officer” can hold such significant authority. The argument is grounded in the assertion that the powers given to Smith by Garland exceed the powers granted by law to the Department of Justice.
