Jack Smith’s Special Counsel Appointment Is Unconstitutional, Former Attorney General Tells Supreme Court

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Breitbart

WASHINGTON, DC – Jack Smith’s appointment as special counsel is unconstitutional and so the Supreme Court must reject his petition against Donald Trump, lawyers representing former Attorney General Ed Meese and two top constitutional scholars in the country argued in a brief filed on Wednesday.

Their amicus (or “friend of the court”) brief argues that Smith lacks authority to represent the United States by asking the Supreme Court to weigh in (called a petition for certiorari) because the office he holds has not been created by Congress and his appointment violates the “Appointments Clause” of the Constitution.

The filing essentially claims U.S. Attorney General Merrick Garland improperly appointed Smith to an office that does not exist with authority Garland does not possess.

Meese, Steven Calabresi, the co-chairman of the Federalist Society, and Gary Lawson, a prominent constitutional law professor, first argue that only Congress can create federal offices such as Smith currently holds, which Congress has not done.

 

While the Constitution creates the offices of President and Vice President, Congress has the sole authority to create additional offices, because the Constitution says those offices must be “established by Law.” Congress previously passed a law to authorize a similar position called an “independent counsel,” but that statute expired in 1999.

Garland cannot hire a mere employee to perform tasks that Congress has not authorized, the attorneys write. Only an “officer” can hold such a significant level of authority. In creating the Department of Justice, Congress gave it certain powers by law, yet it authorized no office with all the powers of a U.S. Attorney that Garland has given Smith.