Author Topic: Appeals Court to Consider Constitutionality of Jack Smith’s Appointment  (Read 292 times)

0 Members and 1 Guest are viewing this topic.

Offline rangerrebew

  • TBR Contributor
  • *****
  • Posts: 165,170
Appeals Court to Consider Constitutionality of Jack Smith’s Appointment
 
BRADLEY JAYE3 Jan 2024872
5:10
Jack Smith’s appointment as special counsel might be in trouble.

The U.S. Court of Appeals for the District of Columbia Circuit advised counsels in Smith’s criminal case against Trump to be prepared during previously scheduled January 9 oral arguments to address issues raised in briefs filed by amicus curiae.


The court made the announcement after an explosive amicus brief filed by attorneys for former Attorney General Ed Meese arguing that Jack Smith’s appointment as special counsel by U.S. Attorney General Merrick Garland is unconstitutional and so the court must reject his prosecution against Trump.

Meese, joined by Steven Calabresi, the co-chairman of the Federalist Society, and Gary Lawson, a prominent constitutional law professor, argues essentially that Garland improperly appointed Smith to an office that does not exist with authority Garland does not possess.

Trump shared a Breitbart News article on the brief, firing off on Smith’s appointment on Truth Social.

https://www.breitbart.com/politics/2024/01/03/appeals-court-consider-constitutionality-jack-smith-appointment/
« Last Edit: January 04, 2024, 06:10:37 pm by rangerrebew »
The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.
Thomas Jefferson

Offline Hoodat

  • Hero Member
  • *****
  • Posts: 36,305
Ed Meese and the Federalist Society doing what Trump's own lawyers won't do.
If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.

-Dwight Eisenhower-


"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."

-Ayn Rand-

Online Maj. Bill Martin

  • Hero Member
  • *****
  • Posts: 10,835
  • Gender: Male
  • I'll make Mincemeat out of 'em"
I read the brief, and they make a pretty strong argument.  What Garland should have done was take a US attorney who was already confirmed, and assign him to this case.  That's essentially what Trump did with Durham. Garland pretty much just picked Smith out of thin air and gave him these powers.  I think there's a better than even shot that Smith's appointment ultimately is stricken.