Trump Sparks Controversy with Post Questioning Special Counsel Investigation

Former President Donald Trump recently shared an article on Truth Social regarding special counsel Jack Smith’s defense of the Washington, D.C., Circuit Court ruling on presidential immunity before the Supreme Court.

The Supreme Court is scheduled to hear arguments in this case on Thursday.

According to a piece by Steven Calabresi on Reason, it is argued that Smith’s appointment as special counsel is unconstitutional.

Calabresi, along with former Attorneys General Ed Meese, Michael Mukasey, and Professor Gary Lawson, as well as Citizens United, signed an amicus brief asserting that Smith lacks standing due to his allegedly unconstitutional appointment by Attorney General Merrick Garland.

The article states that Smith, being unconstitutionally appointed, cannot defend the D.C. Circuit’s order denying Trump’s claim of inherent presidential immunity from criminal prosecution for actions taken during his presidency.

Calabresi claims that all of Smith’s actions since his appointment should be considered null and void, making him legally a private citizen with no authority to defend the court order.

Furthermore, Calabresi argues that only Congress has the power to create the Office of Special Counsel, a power that may not be taken on by the executive branch.

Calabresi concludes by stating that Special Counsel Jack Smith is effectively an Emperor with no real power or authority.