Trump and Meese Both Believe Special Counsel Appointment is Unconstitutional

Donald Trump praised former Attorney General Edwin Meese for filing a new court document criticizing the Department of Justice’s special counsel investigation into the former president.

Meese, who served in the Reagan administration, filed an amicus brief last week denouncing Attorney General Merrick Garland’s appointment of John L. “Jack” Smith to lead the special counsel on Trump.

He argued, along with Federalist Society Co-Chair Steven Calabresi and constitutional law professor Gary Lawson, that Smith’s position violates the “Appointments Clause” of the United States Constitution.

The trio stated, “Even if one somehow thinks that existing statutes authorize appointment of stand-alone special counsels with the full power of a U.S. Attorney, Smith was not properly appointed to such an ‘office.'”

Their argument is that, even if Garland had the power, Smith would need a presidential nomination and Senate confirmation to take office legitimately.

“Biden’s Flunky, Deranged Jack Smith, should go to HE**. He is helping his Corrupt and Incompetent President to destroy America through Weaponization and ELECTION INTERFERENCE!” Trump said on Truth Social, linking to an article on the brief.

“Smith is a Crooked Prosecutor who shouldn’t even be allowed to be in the position he is in—It is Prosecutorial Misconduct. The Great Ed Meese from the Ronald Reagan Era has him figured perfectly!” he added.

While the main focus of the brief is to deter the Supreme Court from taking up Smith’s cases, it also suggests that all of Smith’s prosecutions as special counsel should be called into question.

Smith is currently leading two high-profile cases against the former president.

One in Washington, D.C., involves his alleged attempt to overturn the 2020 election, and another in Miami, Florida, is about sensitive files he allegedly kept at his Mar-a-Lago residence after leaving office.