Ed Meese claims Jack Smith appointment is unconstitutional

[Lastamender]

Your desire to see Americans die is noted, but unfortunately for you this is unserious nitpicking that will not delay Trump's criminal prosecution by more than a few days.

You support the people deliberately destroying this country. Why?

 

[Delldude]

Meese is MAGAtarded

Actually a Reaganologist.

 

[Missourian]

This is exactly the kind of technicality that courts love to use to avoid the meat of the case.

 

[Delldude]

Good luck with that.

Have to wait and see, won't we.
It will be interesting to see Garlands POV on skirting the law.

SCOTUS will uphold Smith's appointment and book Meese out the door.

They will have to cite the law as did Meese.

 

[Missourian]

 

[bigrebnc1775]

Unserious people coming to unserious conclusions

Jack smith is a private citizen the AG can't appoint citizens without congressional approval.

Was Jack Smith's appointment unconstitutional? He has no more authority than Taylor Swift, amicus brief argues

Special counsel Jack Smith’s appointment was unconstitutional, leaving him powerless to obtain a quick U.S. Supreme Court decision on immunity claims by former President Donald Trump, according to an amicus brief signed by former U.S. Attorney General Edwin Meese and two law professors.

www.abajournal.com

 

[Delldude]

Jack smith is a private citizen the AG can't appoint citizens without congressional approval.

Was Jack Smith's appointment unconstitutional? He has no more authority than Taylor Swift, amicus brief argues

Special counsel Jack Smith’s appointment was unconstitutional, leaving him powerless to obtain a quick U.S. Supreme Court decision on immunity claims by former President Donald Trump, according to an amicus brief signed by former U.S. Attorney General Edwin Meese and two law professors.

www.abajournal.com

OP

 

[bigrebnc1775]

OP

Just wanted to make sure the idiot read it

 

[Delldude]

Just wanted to make sure the idiot read it

LOL.....they already think it's bullshit. If Meese is right, Durham is unconstitutional also.....and anyone else since 1999.

From a blog I get:

More curiously even, we learn today, that an amicus brief has been filed in the SCOTUS by former Attorney General Ed Meese (under Ronald Reagan), and two constitutional law professors, Steven Calabresi and Gary S. Lawson challenging the legality altogether of Jack Smith’s appointment as special counsel for prosecuting Mr. Trump. The amicus is filed in the matter of Jack Smith’s certiorari petition to the court to schedule Mr. Trump’s DC trial the same day as the Super Tuesday primary —against the defendant’s objections. The amicus presents compelling arguments that Attorney General Merrick Garland acted illegally in appointing Mr. Smith, and if SCOTUS chucks him out of the special counsel job, the whole mendaciously constructed scaffold of the Jan 6 prosecution goes out the window, along with the Mar-a-Lago documents case.

Whatever It Takes Won't Be Enough - Kunstler

 

[Delldude]

I haven't seen anyone attempt to argue how Garland has the authority to appoint a special prosecutor, legally.

 

[kyzr]

I haven't seen anyone attempt to argue how Garland has the authority to appoint a special prosecutor, legally.

So what happens next?

Will Trump argue that Smith is illegally appointed so drop my indictments? How does Trump do that, or does he?

Should the House pass something that takes Smith's authority away, saying FU Merrick????

 

[Lord Long Rod]

Ed Meese is a stellar lawyer.

 

[kyzr]

Ed Meese is a stellar lawyer.

Yep, as an AG he was. Just kicked Smith's ass in front of the USSC

Was Jack Smith's appointment unconstitutional? He has no more authority than Taylor Swift, amicus brief argues

Special counsel Jack Smith’s appointment was unconstitutional, leaving him powerless to obtain a quick U.S. Supreme Court decision on immunity claims by former President Donald Trump, according to an amicus brief signed by former U.S. Attorney General Edwin Meese and two law professors.

www.abajournal.com

Special counsel Jack Smith’s appointment was unconstitutional, leaving him powerless to obtain a quick U.S. Supreme Court decision on immunity claims by former President Donald Trump, according to an amicus brief signed by former U.S. Attorney General Edwin Meese and two law professors.
“Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor,” the Dec. 20 amicus brief argues. “Improperly appointed, he has no more authority to represent the United States in this court than Bryce Harper, Taylor Swift or Jeff Bezos.”

 

[Delldude]

So what happens next?

Will Trump argue that Smith is illegally appointed so drop my indictments? How does Trump do that, or does he?

Should the House pass something that takes Smith's authority away, saying FU Merrick????

Isn't Trump's argument. Meese has asked for the courts opinion....they agree with him, Jack Smith turns into Humpty Dumpty.

According to Meese, Garland and/or Smith have no constitutional authority.

House doesn't need to get involved.....it's up to a SCOTUS ruling.

Ain't it neat?

 

[bigrebnc1775]

Isn't Trump's argument. Meese has asked for the courts opinion....they agree with him, Jack Smith turns into Humpty Dumpty.

According to Meese, Garland and/or Smith have no constitutional authority.

House does need to get involved.....it's up to a SCOTUS ruling.

Ain't it neat?

There is another twist to this. It's from main stream media. Biden put pressure on garland to prosecute Trump. Wasn't that what the first impeachment was about? Trump supposedly trying to investigate Biden?

 

[kyzr]

Isn't Trump's argument. Meese has asked for the courts opinion....they agree with him, Jack Smith turns into Humpty Dumpty.
According to Meese, Garland and/or Smith have no constitutional authority.
House does need to get involved.....it's up to a SCOTUS ruling. Ain't it neat?

Actually Meese said Jack Smith turns into Taylor Swift (LOL), very neat.

 

[Delldude]

From the ABA article:

There is a proper way to appoint a special counsel like Smith, Calabresi said at the Volokh Conspiracy. Garland should “ask one of the very best Senate-confirmed U.S. attorneys now in office to prosecute the cases arising out of the events of Jan. 6, 2021, or the misuse of classified documents case, to be special counsel” with nationwide authority.

The attorney general could then appoint Smith to be the special counsel’s special assistant, and the Trump cases could then be “restarted from scratch” Calabresi wrote.

If this happens, it would kill the hell out of Smith trying to get Trump before November.

Beyond this, the DOJ office of special counsel royally screwed up from the start.

 

[Rigby5]

{...

Current regulations​

Since the expiration of the independent counsel statute in 1999, there has been no federal statutory law governing the appointment of a special counsel. Upon the law's expiration in 1999, the Justice Department, under Attorney General Janet Reno, promulgated procedural regulations governing the appointment of special counsels.

In 1999, these regulations were used by Reno to appoint John Danforth special counsel to investigate the FBI's handling of the Waco siege.[18]

In 2003, during the George W. Bush administration, Patrick Fitzgerald was appointed special counsel to investigate the Plame affair by Deputy Attorney General James Comey after the recusal of Attorney General John Ashcroft.

On May 17, 2017, former FBI Director Robert Mueller was appointed special counsel to take over the previous FBI investigation of Russian interference in the 2016 presidential election by Deputy Attorney General Rod Rosenstein after the recusal of Attorney General Jeff Sessions.[19]

In December 2020, Attorney General William Barr revealed to Congress that John Durham's investigation had been granted special counsel status on October 19.

On November 18, 2022, United States Attorney General Merrick Garland named Jack Smith special counsel to investigate Donald Trump's actions regarding the January 6 United States Capitol attack and handling of classified documents.[20]

On January 12, 2023, Merrick Garland appointed Robert Hur special counsel to investigate Joe Biden's storage of classified materials.[21]

On August 11, 2023 Merrick Garland appointed David C. Weiss special counsel to investigate Joe Biden's son Hunter Biden stemming from nearly five years of federal investigations into felony tax evasion, illegal foreign lobbying, money laundering, and other possible crimes.[22] This development came shortly Republicans alleged that Hunter received a "sweet heart" deal in Delaware where he was facing several criminal charges relates to tax evasion and firearm offenses.[23]

The current regulations can be found in Part 600 of Title 28 of the Code of Federal Regulations.
...}

So I am unsure.
Seems like there is precident?

I will have to look up Part 600 of Title 28 of the Code of Federal Regulations.