by Matthew Holloway at trendingpoliticsnews.com
A new development could prove devastating to the Biden Administration’s attempts to engage former President Donald Trump in lawfare. Former Attorney General Ed Meese, Professor Gary Lawson, and Steven Calabresi have filed a writ of certiorari with the Supreme Court to declare that private citizen Jack Smith, was never constitutionally appointed as Special Counsel. This would render all actions he has taken legally moot.
The two widely respected constitutional scholars and former Reagan-Era AG have presented a compelling legal argument that under U.S. statutes governing to Dept. of Justice, only Congress can create offices subordinate to the Attorney General. As Smith was hired directly by current AG Merrick Garland, the correct constitutional process of appointment by the President, and confirmation by the full U.S. Senate never took place.
The trio in the text of their petition to SCOTUS argue that the various legal actions undertaken by Smith under color of law “can be taken only by persons properly appointed as federal officers to properly created federal offices. Neither Smith nor the position of Special Counsel under which he purportedly acts meets those criteria. And that is a serious problem for the American rule of law—whatever one may think of the defendant or the conduct at issue in the underlying prosecution.”