- Messages
- 1,467
- Reaction score
- 2,100
- Points
- 238
Looks like ALL Smith's lawfare cases "are just as so much fart gas". [/Tommy Chong]
"If all this was not sufficient, there’s another overreaching problem which he and Attorney General Merrick Garland may well have difficulty overcoming. On November 18, 2022 when Garland appointed Smith as special counsel, Smith was not a U.S. Attorney, nor was he appointed to assist one.
He was not holding a position that required and got Senate confirmation as required by the Constitution’s Appointments Clause.
He was outside the government, a private citizen. Last Wednesday, former U.S. Attorney Edwin Meese and law professors Steven Calabresi and Gary Lawson filed a friend of the court (amicus) brief with the Supreme Court which asserts Jack Smith was improperly appointed special counsel and therefore lacks any authority to represent the government in federal court.
In short form, the gist of their argument, which conforms to my reading of the statute and the Constitution, is this -- and it’s what sets him apart from prior special counsels like John Durham:
For those hoping that lawfare would give President Biden his best chance at reelection and pinned their hopes on Garland and Smith making the magic happen, this has been a no good, awful, terrible week."
https://www.americanthinker.com/articles/2023/12/jack_smith_not_so_nimble.html#commentsSection
"If all this was not sufficient, there’s another overreaching problem which he and Attorney General Merrick Garland may well have difficulty overcoming. On November 18, 2022 when Garland appointed Smith as special counsel, Smith was not a U.S. Attorney, nor was he appointed to assist one.
He was not holding a position that required and got Senate confirmation as required by the Constitution’s Appointments Clause.
He was outside the government, a private citizen. Last Wednesday, former U.S. Attorney Edwin Meese and law professors Steven Calabresi and Gary Lawson filed a friend of the court (amicus) brief with the Supreme Court which asserts Jack Smith was improperly appointed special counsel and therefore lacks any authority to represent the government in federal court.
In short form, the gist of their argument, which conforms to my reading of the statute and the Constitution, is this -- and it’s what sets him apart from prior special counsels like John Durham:
Steven Calabresi, no fan of Trump, details in full the trio’s arguments.
For those hoping that lawfare would give President Biden his best chance at reelection and pinned their hopes on Garland and Smith making the magic happen, this has been a no good, awful, terrible week."
https://www.americanthinker.com/articles/2023/12/jack_smith_not_so_nimble.html#commentsSection
