Posted on 12/24/2023 8:23:55 AM PST by bitt
There are new allegations surrounding the appointment process of John Luman Smith, also known as “Jack Smith.”
Recent scrutiny has surfaced on the appointment process of Special Counsel Jack Smith. Claims have come to light questioning the validity of his oath of office and the timing of his affidavit compliance.
A concerned reader approached The Gateway Pundit recently, challenging the legitimacy of Smith’s procedural conduct upon his appointment by Attorney General Merrick B. Garland involving his role as Special Counsel.
Critics argue that, unlike other department heads who have the authority to appoint inferior officers, the Attorney General may not have been vested with this power for appointments like that of Jack Smith, who was not Senate-confirmed for his office.
According to official documents, John Lumen Smith was appointed as Special Counsel by Attorney General Merrick B. Garland on November 18, 2022, as per Order No. 5559-2022.
This appointment was in response to the need for an independent special counsel to oversee “criminal investigations” related to former President Donald Trump, particularly considering Trump’s third run for the White House in 2024.
Former Ronald Reagan Attorney General Edwin Meese, along with Professors Gary Lawson and Steven Calabresi, submitted a petition to the Supreme Court last week seeking a writ of certiorari in response to Jack (John Lumen) Smith’s petition to expedite appeal of immunity ruling.
The former US Attorney General contends that Jack Smith, acting as Special Counsel, was not appropriately appointed. Consequently, they argue, all legal actions undertaken by Smith should be considered null and void.
The trio, in their petition to the Supreme Court, argue that since Smith was directly hired by the current Attorney General, Merrick Garland, the constitutional process of presidential nomination and full Senate confirmation was bypassed. They state that Smith’s various legal actions, performed under the guise of law, should only be carried out by individuals who have been duly appointed as federal officers to legitimately established federal offices.
The petition reads in part:
The illegality addressed in this brief started on November 18, 2022, when Attorney General Merrick Garland exceeded his statutory and constitutional authority by purporting to appoint Smith to serve as Special Counsel for the Department of Justice.
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I wouldn’t expect the Fla. A.G. to do anything like that to help Trump, after all, her boss is Ron Desantis.
Bkmk
Bottom Line: If the Senate did not approve Garland’s appointment of this witch-finder general as Special Counsel he has no authority whatsoever- therefore all actions from his presumption to hold that position are rendered null.
But don’t let my common sense observance of proper procedure get in the way of a multi-faceted political assassination attempt before they resort to a physical one.
That may happen, but I don’t think they can do it retroactively which would mean that nothing he has done can count. The Senate probably thinks they have the authority, and it would be interesting for it to go to the SCOTUS.
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