• Investing
  • Stock
Round Table Thoughts
  • Economy
  • Editor’s Pick
Home Economy Special counsel in Trump case unconstitutional, former Reagan AG says
Economy

Special counsel in Trump case unconstitutional, former Reagan AG says

by December 22, 2023
by December 22, 2023 0 comment
Share
0
FacebookTwitterPinterestWhatsapp

Former Attorney General Ed Meese has presented arguments to the Supreme Court that they should reject Special Counsel Jack Smith’s requests because he was unconstitutionally appointed in the first place. 

Meese, along with law professors Steven G. Calabresi and Gary S. Lawson, filed a friend-of-the-court brief Wednesday to present the case that Attorney General Merrick Garland’s appointment of Smith — a private citizen — is in violation of the Appointments Clause of the Constitution. 

‘Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor,’ the brief states. 

‘Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos,’ they argued. 

The brief was filed in response to Smith’s request to the court to expedite former President Donald Trump’s case arguing presidential immunity for his actions on Jan. 6, 2021, which are connected to criminal charges brought by Smith. 

Meese argues that the ‘illegality’ of Smith’s appointment is ‘sufficient to sink Smith’s petition, and the Court should deny review.’ 

Meese and company noted in the brief that Smith was appointed ‘to conduct the ongoing investigation into whether any person or entity [including former President Donald Trump] violated the law in connection with efforts to interfere with the lawful transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021.’

While Garland cited as statutory authority for this appointment, Meese argues that ‘none of those statutes, nor any other statutory or constitutional provisions, remotely authorized the appointment by the Attorney General of a private citizen to receive extraordinary criminal law enforcement power under the title of Special Counsel.’

‘Second, even if one overlooks the absence of statutory authority for the position, there is no statute specifically authorizing the Attorney General, rather than the President by and with the advice and consent of the Senate, to appoint such a Special Counsel,’ the former AG wrote. 

‘Under the Appointments Clause, inferior officers can be appointed by department heads only if Congress so directs by statute… and so directs specifically enough to overcome a clear-statement presumption in favor of presidential appointment and senatorial confirmation. No such statute exists for the Special Counsel,’ he added. 

Meese, who served as attorney general under former President Reagan, said ‘the Special Counsel, if a valid officer, is a superior (or principal) rather than inferior officer, and thus cannot be appointed by any means other than presidential appointment and senatorial confirmation regardless of what any statutes purport to say.’

Earlier this month, Smith petitioned the high court to decide Trump’s immunity claims in his case facing charges related to his efforts to overturn the 2020 election results. 

Smith asked for expedited consideration of the case to essentially have the high court take over jurisdiction before the lower federal courts have fully decided the matter.

Smith wants the court to expedite the claims in hopes to keep Trump’s Washington, D.C., trial — scheduled to begin March 4 — on track.

This post appeared first on FOX NEWS
You Might Also Like
  • With 9 weeks to go until the first votes, Trump remains commanding front-runner as GOP field keeps shrinking
  • Hunter Biden told Archer that Chinese chairman loved him for his ‘last name,’ posse of ‘godlike Aryan men’
  • Texas judge hearing abortion pill case appointed by Trump, revered by conservatives
  • What Trump’s narrow edge over Biden could mean for campaign after president ends re-election bid
Share
0
FacebookTwitterPinterestWhatsapp

previous post
GOP report highlights 2023 energy, oversight wins over ‘unrealistic climate agenda’
next post
Special counsel Jack Smith urges swift Supreme Court decision in reply to Trump

You may also like

Mel King, Boston civil rights figurehead and former mayoral candidate,...

March 30, 2023

Rashida Tlaib accuses Israel of intentionally killing 7 humanitarian aid...

April 3, 2024

Democratic Rep Gloria Johnson, member of the ‘Tennessee Three,’ may...

August 22, 2023

Stanford DEI dean slams invited federal judge to his face...

March 11, 2023

Tesla Stock’s Critical October: Robotaxi Reveal & Q3 Results

October 8, 2024

Biden admin seeks to lock up critical minerals with eco...

September 13, 2023

Biden admin should look at Abraham Accords-type initiative when Hamas...

November 28, 2023

Vance says Harris ‘bent the knee to the Hamas caucus’...

August 7, 2024

Former Trump comms director tells his ‘redemption story’ in new...

December 9, 2023

Democrats warn of election consequences for Biden after DNC votes...

February 5, 2023

    Stay updated with the latest news, exclusive offers, and special promotions. Sign up now and be the first to know! As a member, you'll receive curated content, insider tips, and invitations to exclusive events. Don't miss out on being part of something special.


    By opting in you agree to receive emails from us and our affiliates. Your information is secure and your privacy is protected.

    Recent Posts

    • Nike pushes back Skims launch with Kim Kardashian due to production delays

      June 19, 2025
    • The Fed Is Getting It Wrong AGAIN As They Hold Rates Steady

      June 19, 2025
    • DOJ seizes record $225 million in crypto tied to global ‘pig butchering’ scams

      June 19, 2025
    • Feeling Unsure About the Stock Market’s Next Move? These Charts Can Help

      June 18, 2025
    • Amazon expects to cut corporate jobs as it relies more on AI

      June 18, 2025

    Popular Posts

    • 1

      Biden appointee played key role in recruiting Chinese...

      June 25, 2024 3,599 views
    • 2

      Trump-era China sanctions ended by Biden may be...

      June 27, 2024 2,874 views
    • 3

      Walz’s honeymoon with China gets fresh scrutiny as...

      August 9, 2024 2,577 views
    • 4

      Shein’s global ambitions leaves some cybersecurity experts fearful...

      July 10, 2024 2,541 views
    • 5

      Harris VP pick spent years promoting research facility...

      August 29, 2024 2,416 views

    Categories

    • Economy (7,009)
    • Editor's Pick (2,140)
    • Investing (538)
    • Stock (2,620)

    Popular Posts

    • 1

      Biden appointee played key role in recruiting Chinese businesses to Delaware: ‘Longtime friends’

      June 25, 2024
    • 2

      Trump-era China sanctions ended by Biden may be revived under new House GOP bill

      June 27, 2024
    • 3

      Walz’s honeymoon with China gets fresh scrutiny as Harris camp blasts ‘lying’ critics

      August 9, 2024
    • 4

      Shein’s global ambitions leaves some cybersecurity experts fearful of Chinese spy threats

      July 10, 2024
    • 5

      Harris VP pick spent years promoting research facility that collaborated with ‘Chinese military company’

      August 29, 2024

    Latest News

    • Nike pushes back Skims launch with Kim Kardashian due to...

      June 19, 2025
    • The Fed Is Getting It Wrong AGAIN As They Hold...

      June 19, 2025
    • DOJ seizes record $225 million in crypto tied to global...

      June 19, 2025

    Categories

    • Economy (7,009)
    • Editor's Pick (2,140)
    • Investing (538)
    • Stock (2,620)

    Disclaimer: RoundTableThoughts.com, its managers, its employees, and assigns (collectively “The Company”) do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

    Copyright © 2024 RoundTableThoughts.com. All Rights Reserved.

    Round Table Thoughts
    • Investing
    • Stock
    Round Table Thoughts
    • Economy
    • Editor’s Pick

    Read alsox

    Minority groups sound alarm on AI,...

    June 21, 2023

    Biden admin cuts funding to controversial...

    January 27, 2024

    Haley slams Trump for Senate losses,...

    March 2, 2024
    Sign In

    Keep me signed in until I sign out

    Forgot your password?

    Password Recovery

    A new password will be emailed to you.

    Have received a new password? Login here