Dickless.
Posted on 12/21/2023 3:51:19 PM PST by henbane
As Smith was hired directly by current AG Merrick Garland, the correct constitutional process of appointment by the President, and confirmation by the full U.S. Senate never took place. . . . the various legal actions undertaken by Smith under color of law “can be taken only by persons properly appointed as federal officers to properly created federal offices. Neither Smith nor the position of Special Counsel under which he purportedly acts meets those criteria.
But perhaps the most damning and dismissive statement of Smith’s unconstitutional appointment comes from the text of the brief itself stating that “Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor. Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos.”
(Excerpt) Read more at trendingpoliticsnews.com ...
Finally, a well written brief that may (however remotely) be helpful to Trump. Of course the brief wasn’t drafted or submitted by Trump’s attorneys .
But this is a terribly written article, because it does not explain why Meese et al have standing to file a writ petition. Who are they representing who has a case that can be appealed?
Another move on article.
If this is successful the REEEEEing from our Left will be a beautiful thing to watch.
It was just decided that the SCOTUS will not agree with Jack Smith to bump another case so that his would be expedited. Both Smith and partisan Judge Chutkan want the trial in early March but that seems less likely now.
Just posted two hours ago on YouTube:
https://www.youtube.com/watch?v=tz73GNq0JxY
What a great Christmas gift that would be!!!
Here is a second source.
thanx for the post.
Can you believe all the constitutional FRawyers here!
Those filing the case with SCOTUS are certainly bright and knowledgeable of the law, and I would trust what they say to be so.
My only question is, why has it taken this long????
Here is another commentary on this special legal issue.
Standing issues never go away but may be raised at any point in any litigation.
The fact of the matter is that everything Jack Smith has done as Special Counsel, since his appointment on November 18, 2022 has been unconstitutional and is null and void.
Anyone now in jail, or subject to a plea bargain, with Jack Smith can ask to be released because Jack Smith is, in truth, a private citizen.
The judge in the Florida District Court classified documents case is under the jurisdiction of the 11th Circuit and is not bound by D.C. Circuit precedent.
Any litigant in a case before her can argue that Jack Smith is not a lawfully appointed officer of the United States.
My only question is, why has it taken this long????
The issue itself is a fiery, political hot potato and fraught with many dangers for any legal-eagle who grabs ahold.
United States Constitutional law itself is the issue here. For better or worse, the names of the legal players in this struggle will end up in the History books.
Many prefer to avoid the battlefield.
“..For better or worse...”
This entire time beginning before Trump announced will require an entire chapter in the history book. The extremes the established power brokers of the nation, of the world, have taken to eliminate this man have never been seen before and, hopefully, will never be seen again. But he, and we, must overcome all the barricades and obstacles placed so the MAGA movement can turn the mighty ship of state back to the right direction. There are many who have already paid a dear price for their support, Giuliani being the latest. And undoubtedly there will be more.
I wouldn't worry about it. My observation is that real lawyers don't know the law either.
The Colorado Supreme court just proved that you can be a complete idiot or a liar and still be a judge in the highest court in a state.
The "law" is a great big kabuki dance between those who have power, and those who want something.
Where did you get your law degree?
We have pretend lawyers, pretend doctors, and pretend generals.
Same place as Jack Smith
This is nonsense.
The AG can hire a lawyer and have him work under the auspices of the DOJ without POTUS appointment or Congressional approval.
He’s simply a prosecutor.
————————————————-
Not that simple. Assistant U.S. Attorneys are authorized by Congress. There are also Special Assistant U.S. Attorneys that work at the direction and under the control oh U.S. Attorneys. Smith was named an Independent Counsel without being appointed y the President and with no authorization from Congress. This is a legitimate issue. Read the amicus brief.
Barr appointed Durham as a special counsel.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.