Three legal scholars, Ed Meese, Gary Lason, and Steven Calabresi, filed a writ of certiorari with the Supreme Court challenging the constitutionality of Special Counsel Jack Smith’s appointment, aiming to halt lawfare against former President Donald Trump. They argue that Smith was not constitutionally appointed and should be stripped of his powers. The scholars contend that only the President, with Senate confirmation, can appoint a Special Counsel. They highlight Smith’s lack of Senate confirmation, asserting his actions exceed constitutional authority. They emphasize that Attorney General Merrick Garland’s appointment of Smith lacked statutory and constitutional authorization, leaving Smith as an unauthorized representative without constitutional authority. The Supreme Court’s decision will determine the fate of Smith’s role and actions.
