Jack Smith is facing a surprising problem that could shut down his case against Donald Trump

United States Department of Justice, Public domain, via Wikimedia Commons

Special Counsel Jack Smith thought that he had everything perfectly lined up.

But he was just thrown a nasty curveball.

And now Jack Smith is facing a surprising problem that could shut down his case against Donald Trump.

Some of the sharpest conservative legal scholars uncovered a way to shut down Special Counsel Jack Smith’s lawfare against former President Donald Trump.

Ronald Reagan’s Attorney General and two conservative law professors who clerked for the late Supreme Court Justice Antonin Scalia are arguing that Smith doesn’t have the legal authority to bring criminal charges against Trump.

Reagan Attorney General Edwin Meese, along with law professors Steven Calabresi and Gary Lawson, filed a legal brief with the Supreme Court asserting that Attorney General Merrick Garland didn’t have the authority to appoint Smith because the Special Counsel position was created without an act of Congress.

They also argued that the Special Counsel position is unconstitutional because its sweeping powers mean it’s a position that must be appointed by the President and be subject to Senate confirmation under the Appointments Clause.

“What federal statutes and the Constitution do not allow, however, is for the Attorney General to appoint a private citizen, who has never been confirmed by the Senate, as a substitute United States Attorney under the title ‘Special Counsel.’ That is what happened on November 18, 2022. That appointment was unlawful, as are all the legal actions that have flowed from it,” their legal brief stated.

The legal brief was filed with the Supreme Court in December as part of Smith’s attempt to get the court to rule on an appeal by Trump to dismiss the January 6 case because he had Presidential immunity.

The High Court sent the question back to the U.S. Circuit Court of Appeals for the District of Columbia.

The challenge to the Constitutionality of the Special Counsel position came up during oral arguments before the Appeals Court.

“One of the briefs indicated that Jack Smith was improperly appointed. Do you have a position there?” asked Judge J. Michelle Childs, who was appointed by President Joe Biden.

“I think it raises very powerful questions, but we have not raised it at this time,” Trump attorney D. John Sauer said.

Trump’s legal team could bring it up when the case heads back to trial court.

Even though Committee for Justice President Curt Levey thought that the conservative legal scholars made a strong legal argument, he wondered if the Supreme Court had the “courage” to rule in their favor and throw Smith off of the Trump case.

“If you take politics and publicity out of it, I think it is a winning argument,” Levey said.

The Supreme Court will have a chance to shut down Jack Smith’s witch hunt for good.

Patriot Political will keep you up-to-date on any developments to this ongoing story.