Posted on 12/22/2023 7:34:51 AM PST by Red Badger
Former U.S. Attorney General Ed Meese has filed a Supreme Court brief arguing that Special Counsel Jack Smith has no legal authority to prosecute President Donald Trump.
Meese, who served under President Ronald Reagan, argues that Smith’s appointment was illegal.
According to Meese, Democrat President Joe Biden’s Attorney General Merrick Garland was not authorized by law to appoint a private citizen, like Smith, with the sweeping prosecutorial power he has been given.
As such, Smith’s current petition for the Supreme Court to fast-track Trump’s January 6 immunity claims should be ignored.
The amicus brief from Meese runs over 30 pages and includes a lot of legal jargon, but it has a couple of key points.
First, all federal offices not listed in the Constitution must be created by Congress – and Congress has not created any position like the one Smith currently holds.
Meese emphasized that Smith is a private citizen, but he has been given the power of a full-fledged U.S. attorney.
The law does permit special counsels in some limited roles as assistants, but not with the sweeping authority Smith has received – which is equal to or even exceeds that of a Senate-confirmed U.S. attorney, Meese said.
A position similar to Smith’s, called an “independent counsel,” previously existed but the authorizing statute expired in 1999.
Even if Smith’s position were lawful, he was not lawfully appointed.
Meese noted that Smith does not answer to Garland.
In fact, Garland specifically said so, to instill confidence that Smith’s probe was independent.
As such, Smith counts as a “superior officer.”
“He is prosecuting a former President, the first time that has happened in our Nation’s history,” Meese notes.
“Smith is purporting to exercise at least as much power as a U.S. Attorney, and arguably more.
“That is the hallmark of a superior officer, who must be appointed as such.”
Smith is thus so powerful that he must be nominated by the president and confirmed by the Senate to lawfully hold his position.
Meese likened Smith to the proverbial emperor with no clothes.
“Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor,” Meese concluded.
“Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos.
“That fact is sufficient to sink Smith’s petition, and the Court should deny review.”
The question is whether the Supreme Court will consider Meese’s carefully considered arguments.
Even if Smith does not lose his job, his plan for prosecuting Trump before the election is starting to unravel – with the Supreme Court possibly playing a role.
Stay tuned.
bttt
If this is the case, then every special counsel is illegal, including Bob Mueller.
The “independent counsel” law (the successor to the special prosecutor of the Nixon era) was confronted head on in Justice Scalia’s famous dissent. And then the law was allowed to expire.
We’ll see what the court says.
Ed Meese, 92 years old. Another man older than Biden who is more coherent and who would be a better president.
Jack Smith is Obamas extension agent. All agreements on Smith going after Trump were held in Brussels, where Obama had been giving him a hideout in Brussels on the American taxpayers dime. Getting any records or testimony on the origins and scope of this appointment is impossible to obtain as it’s outside American jurisdiction.
We shall see what becomes of this Brief by Meese. If nothing, then it’s ‘velcome to zee new Soviet State and your friends in the kehgeebee.’
Democrats ARE the party of criminals, thugs and goons. Why would they care if they followed the law or not?
“Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor,” Meese concluded.“Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos.
Boom. 92 years young and still sharper than a razor.
Thank you for stepping up, AG Meese!
First, all federal offices not listed in the Constitution must be created by Congress – and Congress has not created any position like the one Smith currently holds.
General Merrick Garland was not authorized by law to appoint a private citizen, like Smith.
Democrats are overriding the Constitution arrests need to be made asap.
I've had respect for Meese for a long time.
Not to sound glib, but Smith has that authority, not by the structure of representative government, but by an extraconstitutional "national security" apparatus and the smoke and mirrors act of its propaganda organs. In short, to paraphrase Mao, Smith has that "authority" by the barrel of a gun.
"He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:"
Wow!
thats not true, Meese is arguing that a US Attorney has to be confirmed by the Senate and all prior Special Counsels were, when they previously held such power as US Attorneys. But Smith never was one and hence was never confirmed by the Senate at any time but now is a de facto US Attorney with all their powers. This is specific to Smith.
Its a good argument
The Left wants lawfare, let’s give them some (of their own medicine)!
\/
. yup.
this is exactly why i call him
jack the ripper
his evil powers were facilitated in Europe
spit.
notice jack avoids Kosovo/Serbia as if one of them had a warrant for his arrest active ,, hint,,, hint.
.
Inevitably, the main weakness with the left’s tyranny is their hope that no one notices they’re breaking laws.
Did previous special counsel have to get the Attorney General’s aporoval before bringing charges?
I think Mueller just submitted a report, he never charged anybody.
Smith is a disgraceful operative. The opposite of impartial, he ran to bring charges before the election, including charges never brought before and certainly not against a former president.
“thats not true, Meese is arguing that a US Attorney has to be confirmed by the Senate and all prior Special Counsels were, when they previously held such power as US Attorneys. But Smith never was one and hence was never confirmed by the Senate at any time but now is a de facto US Attorney with all their powers. This is specific to Smith.”
Ok. Thank you. That makes more sense to me.
Ha ha ha...not in the Soviet States of America. The leftists will probably send Meese to a re-education camp for his insolence.
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