Trump and Jack Smith to Face Major Questions Soon, Court Writes

Published on January 3, 2024

On Tuesday, the Washington Circuit Court of Appeals wrote that it could consider questions raised regarding issues that were raised by outside legal experts in former President Donald Trump’s election case. The court may ask questions regarding whether special counsel Jack Smith was lawfully appointed to oversee President Trump’s case, coming after a former attorney general, Edwin Meese, filed an amicus brief suggesting that he wasn’t. The appeals court wrote in a brief order that involved parties should be prepared for “any inquiries by the Court regarding discrete issues raised in the briefs” regarding issues that were raised by former Attorney General Edwin Meese in his filing that Mr. Smith’s appointment was illegal. He, along with two law professors, argued that there is no provision in the Constitution to allow an attorney general to name “a private citizen to receive extraordinary criminal law enforcement power under the title of Special Counsel,” which is what they argued was done in regards how Mr. Smith was appointed by the Department of Justice....