Darling Mary

SPECIAL COUNSEL IN TRUMP CASE UNCONSTITUTIONAL, FORMER REAGAN AG SAYS

"There is significant tension between the Office’s assurances to that court that Smith is independent, and not prosecuting the Republican nominee for President at the direction of the Biden Administration, and the Office’s assurance here that Smith is not independent and is instead so thoroughly supervised and accountable to President Biden and Attorney General Garland that this Court should not be concerned about such tremendous power being exercised to alter the trajectory of the ongoing p**********l e******n," Trump's attorneys wrote in the filing.

The U.S. Supreme Court appeared concerned about how p**********l immunity for crimes alleged by Special Counsel Jack Smith will impact the future functioning of the executive branch. (Courtesy: William J. Hennessy Jr.)
The special counsel's office, responding to Trump's claims in the Florida case, argued that the attorney general "has the statutory authority to appoint a Special Prosecutor" and that the Supreme Court even upheld that authority "in closely analogous circumstances nearly 50 years ago" — in a 1974 case that challenged the prosecutor investigating the late President Richard Nixon.
Meese and Mukasey wrote in their brief that the Nixon case was irrelevant because it "concerned the relationship between the President and DOJ as an institution, not between the President and any specific actor purportedly appointed by DOJ."

The pair also said special counsel investigations are necessary and often lawful, but stated that "the Attorney General cannot appoint someone never confirmed by the Senate, as a substitute United States Attorney under the title ‘Special Counsel.’ Smith’s appointment was thus unlawful, as are all actions flowing from it, including his prosecution of former President Trump."

Smith was a private citizen when Attorney General Merrick Garland appointed him as special counsel to investigate Trump in 2022.

U.S. Special Counsel Jack Smith has charged Trump in Florida for allegedly mishandling classified documents and in Washington, D.C., for e******n i**********e. (Al D**go/Bloomberg via Getty Images)
Other recent special counsels — including John Durham's Trump-Russia probe; David Weiss of the H****r B***n investigation; and Robert Hur, who investigated Biden's mishandling of classified documents — were all confirmed by the Senate to various positions before being named as special counsels.

Ted_68

Old news but glad to see it again ! It just goes to show us all how out of control this ,”full court press “, is. Just goes to show how important it is that most of the Obiden team be marched out by the United States Marine Corps and hung by the neck until dead. Quick fact that we are seeing the fruits of. 1870 reconstruction the Marines use to be the enforcement arm of the president , they could jail you or worse . There is a holding cell under the capital, the Sargent at arms if deemed necessary could put a seated member there by force aided by the marines. It’s why their esprit de corps is to the constitution ie “god Corps Country. Sadly now they are just arm candy and cannon fodder . I know what I would do if I commanded a battalion.
Good post thanks
Ted

Darling Mary

Spot on Ted-68: A Marine on guard has no friends!!!!!