US
Appeals Court Hints It May Consider Constitutional Questions About Jack Smith’s Appointment
DAILY CALLER NEWS FOUNDATION
Katelynn Richardson
Contributor
January 02, 2024 3:19 PM ET
The D.C. Circuit Court of Appeals hinted Tuesday it may consider questions about special counsel Jack Smith’s appointment, along with other issues like the timing of Trump’s presidential immunity appeal.
The court asked parties in an order Tuesday to be prepared for questions about “discrete issues” raised in friend-of-the-court briefs when it considers Trump’s bid to dismiss his 2020 election case based on presidential immunity during oral arguments Jan. 9. Briefs filed include one challenging Smith’s appointment as unconstitutional and another arguing Trump cannot raise the immunity challenge until after a conviction and trial.
Former Attorney General Edwin Meese III, along with law professors Steven Calabresi and Gary Lawson, filed an amicus brief arguing that no statute or constitutional provision enables the attorney general to appoint “a private citizen to receive extraordinary criminal law enforcement power under the title of Special Counsel.”
“Not properly clothed in the authority of the federal government, Smith is a modern example of the naked emperor,” they wrote. “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.” (RELATED: Supreme Court Hands Jack Smith A Major Defeat In Trump 2020 Election Case)
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READ MORE: https://dailycaller.com/2024/01/02/appeals-court-jack-smith-trump/
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