Jack Smith Could Get Booted Off Trump’s Case 

Featured On Political Intel January 04,2024

Special Counsel Jack Smith may be kicked off the case against former President Donald Trump’s case after the D.C. Circuit Court of Appeals hinted Tuesday it may consider questions about his appointment.

Smith has brought two indictments against the former president. The indictments stemmed from Trump’s mishandling of classified files and his actions leading up to the January 6 Capitol protest in 2021.

Former Attorney General Edwin Meese III, along with law professors Steven Calabresi and Gary Lawson, filed a brief arguing that Attorney General Merrick Garland does not have the power to grant a private citizen extraordinary criminal law enforcement power under the title of Special Counsel. The brief argued that Smith’s appointment is unconstitutional.

“Not properly clothed in the authority of the federal government, Smith is a modern example of the naked emperor,” the brief reads. “Illegally appointed, he has no more authority to represent the United States in this Court, or in the underlying prosecution, than Tom Brady, Warren Buffett, or Beyoncé. That fact is sufficient to sink Smith’s prosecution of defendant and the Court should vacate the decision below and order that the

prosecution be dismissed.”

The D.C. Circuit Court of Appeals is set to hear Trump’s immunity appeal on Jan. 9. According to the Daily Caller News Foundation, the D.C. Court of Appeals ordered all parties involved to be prepared for questions about “discrete issues” raised in friend-of-the-court briefs when it considers the former president’s bid to dismiss his 2020 election case based on presidential immunity.

Trump’s immunity argument could also face challenges, as the Appeals Court has also signified it will hear another “friends of the court” brief filed by the nonprofit group American Oversight. The group argued that the Appeals Court has no jurisdiction to hear Trump’s immunity argument.

The group, led by former government officials in five Republican presidential administrations, argued that Trump can not make the immunity argument until he has been tried and convicted.

“The immunity he seeks would severely impair the ability of the current President, in whom all executive powers are vested, to take care that Congress’s laws proscribing obstruction of federal elections are faithfully executed,” the group wrote. “And by asking the Judicial Branch to fashion a sweeping atextual immunity from whole cloth, he draws the Judiciary and the Executive into conflict.”

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