Supreme Court Could Fire Jack Smith from Special Counsel Role

Justices on the United States Supreme Court appear to be considering that Jack Smith could be fired from his powerful role as special counsel on the Jan. 6 case.

Supreme Court Justice Clarence Thomas appears to be open to the idea that Smith’s appointment as special counsel was unconstitutional.

The SCOTUS is currently hearing arguments from President Donald Trump’s lawyers that his alleged misconduct was covered by presidential immunity.

Furthermore, Trump’s lawyers are arguing that Jack Smith’s appointment as a special counsel is illegitimate on constitutional grounds.

During a hearing, Thomas asked Trump’s attorney John Sauer:

“Do you, in this litigation, challenge the appointment of special counsel?”

Sauer responded by saying that they “have done so in the Southern District of Florida case.”

“We totally agree with the analysis provided by Attorney General Meese and Attorney General Mukasey,” he added.

Meese and Mukasey are former attorney generals who filed an amicus brief on Trump’s behalf.

Thomas’s inquiry makes it clear that he has read the brief.

It also suggests that Thomas is considering the possibility that Smith’s appointment violated the Constitution’s appointments clause.

If Thomas is asking these questions, it is very likely that the rest of the Supreme Court’s bench will be considering these arguments as the case goes on.

The appointments clause states that the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States.”

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The clause continues “Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

With that refresher, the Constitution asserts that Smith has no legitimacy.

He was not nominated by the president and confirmed by the Senate.

He was appointed to his position by Biden’s AG Merrick Garland.

According got the Constitution, Garland has no authority to appoint Smith as special counsel.

Smith was not a member of the Department of Justice either.

He was a private citizen, not a public servant who was confirmed by the Senate.

It’s clear that Smith’s appointment was not conducted properly and violates the appointments clause of the Constitution.

This issue has been largely overlooked so far.

However, that may quickly change now that Justice Thomas is asking tough questions.

Those questions will likely have Smith’s team panicking.

The Supreme Court already appears poised to side with Trump’s arguments that he has presidential immunity.

Smith being disqualified from his position would simply be a humiliating blow to the Democrats.

Nevertheless, the Constitution must be respected.

READ MORE – Bombshell New Evidence Shows Trump Was Set Up in Jack Smith’s Classified Docs Case

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By Nick R. Hamilton

Nick has a broad background in journalism, business, and technology. He covers news on cryptocurrency, traditional assets, and economic markets.

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