A group of legal experts, led by former U.S. Attorney General Edwin Meese, has urged the Supreme Court to reject a petition by special counsel Jack Smith, who is investigating Donald Trump for his alleged role in the 2020 election dispute. The experts argue that Smith’s appointment as special counsel was unconstitutional and that he has no authority to seek the Supreme Court’s intervention in the case.
Smith, appointed by Attorney General William Barr in December 2020, is investigating whether Trump committed federal crimes in connection with his efforts to challenge the election outcome. In October 2021, Smith indicted Trump on charges of obstruction of justice, conspiracy, and incitement of insurrection. Trump pleaded not guilty and sought to dismiss the charges, claiming absolute immunity as a former president and alleging political bias in the investigation.
The legal experts, including Meese, Gary Lawson, and Steven Calabresi, contend that Smith’s appointment violated the Constitution’s Appointments Clause, as he was not nominated by the president and confirmed by the Senate. They argue that Smith, exercising significant executive power, is a principal officer, making his appointment unconstitutional. The experts assert that Smith has no standing to seek the Supreme Court’s review and accuse him of attempting to bypass the normal appellate process.
While emphasizing they are not taking sides on the case’s merits, the experts urge the Supreme Court to dismiss Smith’s petition and declare his appointment unconstitutional. The Supreme Court has yet to decide whether to accept Smith’s petition, with a decision expected in early 2024.
