Jack Smith's special counsel status is unconstitutional, former attorney general tells SCOTUS | 21 Dec 2023 | Former U.S. Attorney General Edwin Meese and top constitutional law scholars are asking the Supreme Court to reject special counsel Jack Smith's petition in the case against former President Donald Trump because they say Smith's appointment as special counsel is unconstitutional to begin with. In a voluntary brief filed Wednesday in support of neither Trump nor Smith, the legal experts asked the Supreme Court to dismiss Smith's request for the high court to rule on whether former President Donald Trump had immunity from prosecution on charges that he allegedly worked to overturn the 2020 election. Smith lacked the authority to ask the Supreme Court to rule on the case, according to the 32-page brief written by Meese, Boston University Associate Law School Dean Gary Lawson and Northwestern University Law School Professor Steven Calabresi.

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