Staff Reports
In the ongoing battle with former President Donald Trump, the Biden Administration suffered a new blow when Steven Calabresi, Professor Gary Lawson, and former Attorney General Ed Meese filed a writ of certiorari with the Supreme Court. With this legal ploy, it is argued that Jack Smith, a private individual, was never designated Special Counsel in accordance with the Constitution, making all of his actions illegal.
Meese, Lawson, and Calabresi contended that the appointment of Smith was illegal under US statutes controlling the Department of Justice since only Congress has the power to create positions reporting to the Attorney General. They contend that Smith's activities are illegal since he was directly employed by current Attorney General Merrick Garland without the required Senate confirmation and presidential appointment.
💥💥💥TIDE IS TURNING💥💥💥
‘Stunning’ New Supreme Court Filing Seeks to Strip Special Counsel Jack Smith of ‘Illegal’ Authority!Link to article:https://t.co/BlqhhPkOKO
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The initial wave will be fast and meaningful. It will send a signal to others immediately and you’ll… pic.twitter.com/UJmgpgoj8B— GH17TAFKAG (@GH17TAFKAG) December 21, 2023
The three parties petitioned the Supreme Court, arguing that Smith's unlawful appointment as Special Counsel precludes him from exercising the authority of a federal officer. They further argued that Smith was not a "principal officer" as defined by the U.S. Constitution's Appointments Clause, despite his broad investigation powers, which included the ability to issue subpoenas and indictments.
Calabresi highlighted the purported unconstitutionality of Smith's acts in an explanation piece for Reason, claiming that everything Smith has done as Special Counsel since his appointment is unlawful. Calabresi even went so far as to say that people who were impacted by Smith's actions—like those who are in jail or on plea agreements—might try to get out of jail because they thought Smith's appointment was illegitimate.
Moreover, the brief that was filed with the Supreme Court severely discounted Smith's authority, comparing him to a “naked emperor” and jokingly implying that he had no more legal standing to represent the United States in court than celebrities like Jeff Bezos, Taylor Swift, or Bryce Harper.
The Biden Administration's attempts to pursue legal action against the previous president Trump are significantly hampered by these legal challenges to Smith's appointment as Special Counsel, which may also raise questions about the validity of significant decisions made during Smith's term.
