Trump's Attorney has already challenged the legitimacy of Smith's appointment, which is under consideration in the Florida case, which is why they have not brought it to SCOTUS yet.
Meese and Mukasey mentioned it in support of the immunity case. It was not part of the appeal on Presidential immunity because it was mentioned in a different filing, but Trump's lawyers told Thomas they fully agreed with Meese and Mukasey.
Okay. I knew who had supported it, just not necessarily what the circumstances were. So, thank you for your input. If I can remember, I will be better versed on the topic. 🙂👍
I just though it should be known that Thomas Massie is not the only person who has raised this issue.