Donald Trump shared a post to Truth Social that says special counsel Jack Smith lacks standing to argue the presidential immunity case before the Supreme Court.
’s presidential immunity case on Thursday, and ahead of the oral arguments, Trump shared an article to Truth Social that accuses special counsel Jack Smith of lacking standing to defend the D.C. Circuit’s ruling.
The article written by Steven Calabresi argues that special counsel Jack Smith was unconditionally appointed by Attorney General Merrick Garland since it was done without the approval of Congress. Calabresi argues that Smith being a private citizen means he “can no more defend the lower court order than can any random person picked off the street.”
Essentially, Calabresi says all actions Smith has taken since his appointment on Nov. 18, 2022, are null and void. This includes actions taken by Smith in the Florida classified documents case against Trump while under the jurisdiction of the 11th Circuit and the charges against Trump involving the Jan. 6, 2021, riot.
“Federal prosecutions of former President Donald Trump must be done in a constitutional way no matter how much he is hated for his actions of January 6, 2021 or for any other reason,” CalabresiThe power to create federal offices belongs to Congress, not the executive branch. The Senate is given the power to appoint a U.S. attorney to have “nationwide jurisdiction to prosecute high level wrongdoing.” This included when the attorney general “properly appointed the U.S.
Calabresi argues that Smith could be “sued in torts for unconstitutionally depriving people of liberty and property.”
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