Attorneys who represented Trump during Mueller probe look to kneecap Mar-a-Lago case -with an assist from Antonin Scalia

Source: Law & Crime

Nov 2nd, 2024, 11:47 am


A legal group founded by late evangelical minister Pat Robertson has joined the fray in an effort to convince a federal court of appeals that Donald Trump‘s Mar-a-Lago indictment should remain dismissed.

In their 39-page amicus curiae – or friend of the court – brief filed late Friday afternoon, the American Center for Law & Justice (ACLJ) stakes out a by-now familiar position to docket-watchers. Namely: The idea that special counsel Jack Smith was unlawfully appointed to his position and, therefore, his prosecution of Trump was equally unlawful. In sum and substance, the ACLJ’s brief argues the special counsel’s office was created in violation of the Appointments Clause of the U.S. Constitution.

“The principal officers of the United States may only be appointed by the President and may only be confirmed by Congress,” the brief begins. “Special Counsel Jack Smith assumes that he is not such an officer and presents no argument to this Court to support that conclusion. This Court should not take that premise for granted. On the contrary, the evidence shows that Special Counsel Smith is, in fact, a principal officer and that regardless of statute, he could not be appointed by the Attorney General.”

The group’s constitutional argument, while similar to other such arguments, focuses its legal analysis on separation of powers concerns. And, in service of this position, the ACLJ quotes the late Justice Antonin Scalia in order to make their point.

Read more: https://lawandcrime.com/high-profile/special-counsel-smith-answers-to-no-one-attorneys-who-represented-trump-during-mueller-probe-look-to-kneecap-mar-a-lago-case-with-an-assist-from-antonin-scalia/