Legal Scholars: Jack Smith’s Charges Against President Trump Illegitimate

(Republican Senate News) – Edwin Meese, who once served as attorney general during the Reagan administration, along with two professors who were clerks for the honorable Supreme Court Justice Antonin Scalia, have come out with a legal challenge against Special Counsel Jack Smith. Their argument states he has no authority to bring about charges against former President Donald Trump due to the fact that Smith is a private citizen. Trust me, it’ll all make sense soon enough.

As per Alex Swoyer, writing for The Washington Times, “Former Attorney General Edwin Meese and law professors Steven Calabresi and Gary Lawson said in a 25-page filing to the Supreme Court that Attorney General Merrick Garland had no constitutional or statuary authority to appoint Mr. Smith to conduct the high-level criminal investigation of Mr. Trump because he was a private citizen and not confirmed by the Senate.”

“Mr. Smith worked as a U.S. attorney but was living in the Netherlands at the time of his appointment in November 2022, according to reports. The filing says a lawfully appointed special counsel would have had to be selected by the president, confirmed by the Senate and serve in the Justice Department. Lawful special counsel appointments in the past included Patrick Fitzgerald, a U.S. attorney for the Northern District of Illinois, Rod Rosenstein, John Huber and John Durham,” the piece continued.

“What federal statutes and the Constitution do not allow, however, is for the Attorney General to appoint a private citizen, who has never been confirmed by the Senate, as a substitute United States Attorney under the title ‘Special Counsel.’ That is what happened on November 18, 2022. That appointment was unlawful, as are all the legal actions that have flowed from it,” they went on to write.

This is why it is so critical for every single American to be familiar with the Constitution. Our founding document provides numerous protections against the schemes of tyrants if only we would apply them when they are needed. And right now, they are very much needed. The former president is being persecuted for holding conservative values. The left has made it clear when they attack him, they are attacking you and me. We must use the legal weapons at our disposal, like the Constitution, to fight back and preserve our rights and dismantle the deep state element within the Justice Department.

“The legal filing was presented to the justices last month as the Supreme Court considered whether to fast-track Mr. Smith’s case and whether Mr. Trump has presidential immunity from criminal prosecution, as the former president’s legal team has argued. Mr. Smith is prosecuting Mr. Trump on felony charges related to his efforts to overturn the 2020 presidential election and a case involving the alleged mishandling of classified documents after Mr. Trump left office,” the report stated.

On Tuesday, the U.S. Circuit of Appeals for the District of Columbia listened to oral arguments that question the legal authority of Smith to bring charges against Trump, though it wasn’t discussed at great length as it should have been. The courts will no doubt attempt to wave this off in order to allow the left to continue their assault against the former president.

“One of the briefs indicated that Jack Smith is improperly appointed. Do you have a position there?” Judge J. Michelle Childs, a Biden appointee, asked during the proceedings.

“I think it raises very powerful questions, but we have not raised it at this time,” Trump attorney D. John Sauer remarked in response. When the case is remanded to trial, the legal team representing Trump can raise the issue of Smith having no legitimate authority to bring charges against their client.

“The reaction to the suggestion that Mr. Smith’s appointment was unlawful and would make the criminal charges against Mr. Trump moot has received mixed reactions from court watchers. Elliot Mincberg, senior fellow at the liberal People for the American Way, said it doesn’t seem like a ‘credible argument.’ He noted that other special counsels, including Robert Mueller, who led the alleged Russia collusion investigation, weren’t serving in the Justice Department at the time of their appointments,” the article disclosed.

Swoyer then recalled that Mueller did not bring any charges against Trump, unlike Smith. However, Mincberg asserted that Smith is being backed by Attorney General Garland.

“The indictment wasn’t approved by him alone. It was approved by the attorney general, so, to me, it’s one of the big weaknesses of the Meese argument,” he explained.

Let’s hope this avenue is explored a bit further as the case moves forward.

Copyright 2024. RepublicanSenateNews.com

1 COMMENT

  1. Leave it to liberal leftists to confuse an argument to get their way. It’s in the Constitution case closed. The fact that Muller got away with it by the Obama administration blindsiding Trump’s legal team tells us all that Obama once again should be convicted of a coup to overthrow our government. The black and white traitor isn’t that clever and will be caught. Then and only then can justice be served so we can get back to rebuilding what the traitor stole from us.

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