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HUGE: New Supreme Court Filing Seeks To Strip Jack Smith Of Authority
Trending Politics ^ | December 21, 2023: Updated:December 21, 2023 | Matthew Holloway

Posted on 12/21/2023 3:51:19 PM PST by henbane

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To: Mariner

U.S. Attorneys offices use “Special Assistant U.S. Attorneys “ all of the time. However, under the authorizing statute, these special prosecutors work under the control and direction of actual U.S. Attorneys. They can’t independently indict people. This is a legitimate issue.


41 posted on 12/21/2023 7:36:15 PM PST by bort
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To: Fuzz

Durham was an active US Attorney. Smith is a lawyer who was pulled out of private practice. He is not appointed by the POTUS. I encourage you to read the Amicus brief that was filed by the federalist Society.


42 posted on 12/21/2023 7:42:18 PM PST by bort
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To: jjotto

Most special counsels were career federal prosecutors like Durham and Fitzgerald. They were U.S. Attorneys at the time they were named special counsel. Jack Smith was not a federal prosecutor at the time of his appointment. Since he was not appointed by the President, and Congress has not authorized an independent counsel, he has no legal authority to oversee indict anyone. This is a legitimate issue.


43 posted on 12/21/2023 7:48:02 PM PST by bort
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To: Mariner
Per the statue he must be a private citizen but also once appointed has the powers and authority of a US Attorney. Yet US Attorney's are appointed by the President and approved by the Senate. Most (all?) special counsel's have been US Attorney's in the past so you can say they went through that process. Smith never has, he was never a US Attorney and now he is one without ever having been subjected to Senatorial review. Note: for a short duration he was an acting US Attorney (a few months) but never went before the Senate for confirmation, so one could argue he wielded the power without a Senate confirmation once before, how is this different?

Anyway the argument can be made that he isn't eligible to wield such power without Senate approving him for it at some point and that argument just has been made. But to get a court to overturn everything he's doing? That's far from a sure thing in my opinion.

44 posted on 12/21/2023 8:29:08 PM PST by pepsi_junkie ("We want no Gestapo or Secret Police. F. B. I. is tending in that direction." - Harry S Truman)
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To: elpadre

“My only question is, why has it taken this long????”

Research perhaps?

Make sure all the ducks are in a row, with all the i’s dotted and the t’s crossed before filing the case.... Or give smith enough time to put the noose around his own neck.


45 posted on 12/21/2023 9:59:30 PM PST by 2CAVTrooper (Freedom is the sure possession of those alone who have the courage to defend it.)
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To: henbane

p


46 posted on 12/22/2023 5:24:59 AM PST by wintertime ( Behind every government school teacher stand armed police.( Real bullets in those guns on the hip!))
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To: 2CAVTrooper

Not being a lawyer or even understanding the law that well, I think I can truthfully say that Jack Smith’s main goal in life is to take down Donald Trump by any means he can dream up. If he accomplishes this, then I would say that there are a great many towns in this U.S. that he had best not show his face in.


47 posted on 12/22/2023 5:48:17 AM PST by oldtech
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To: henbane

Those who weaponize the law have forfeited their right to life


48 posted on 12/22/2023 5:50:39 AM PST by bert ( (KWE. NP. N.C. +12) Hamascide is required in total)
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To: know.your.why

One of the greatest movie jerks of all time. Love that guy.


49 posted on 12/22/2023 7:04:03 AM PST by gopno1
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To: Bratch

SERIOUS

Not series. Two different words with two different meanings.

I’m not the word police, but I thought you might like to know.


50 posted on 12/22/2023 7:20:50 AM PST by PrairieLady2 (USA: Land of the free, Because of the Brave.)
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To: PrairieLady2

Point of order, Hugh and Series is considered to be a mainstream lexicon of Free Republic posting and as such, is protected speech.


51 posted on 12/22/2023 7:30:38 AM PST by shotgun
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

p


52 posted on 12/22/2023 9:22:33 AM PST by bitt (<img src=' 'width=30%>)
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