Special Prosecutor Jack Smith should “go to HELL,” former President Donald Trump posted on Truth Social Tuesday, praising former Attorney General Ed Meese’s dismantling of the legality of Smith’s appointment.
“Biden’s Flunky, Deranged Jack Smith, should go to HELL,” Trump wrote, and continued:
He is helping his Corrupt and Incompetent President to destroy America through Weaponization and ELECTION INTERFERENCE! Smith is a Crooked Prosecutor who shouldn’t even be allowed to be in the position he is in — It is Prosecutorial Misconduct. The Great Ed Meese from the Ronald Reagan Era has him figured perfectly!
Trump shared a Breitbart News article highlighting an amicus (or “friend of the court”) brief filed to the Supreme Court by Meese. The brief argues Smith’s appointment as special counsel is unconstitutional, so the Supreme Court must reject his petition against Donald Trump.
The amicus brief argues that Smith lacks authority to represent the United States by asking the Supreme Court to weigh in (called a petition for certiorari) because Congress did not create the office he holds, and his appointment violates the “Appointments Clause” of the Constitution.
Essentially, U.S. Attorney General Merrick Garland improperly appointed Smith to an office that does not exist with authority Garland does not possess.
Joining Meese in filing the brief are two of the top constitutional scholars in the country, Steven Calabresi, the cochairman of the Federalist Society, and Gary Lawson, a prominent constitutional law professor.
Smith is seeking to expedite his case against Trump in order to convict the former president before the 2024 presidential election takes place. But on Friday, the U.S. Supreme Court declined Smith’s request for a quick review of Trump’s case for presidential immunity.
In a victory for Trump, the case will now go through the normal process in the appeals court and likely make its way to the Supreme Court from there.
Meese served as attorney general for former President Ronald Reagan during a time when independent counsels were authorized by Congress and served a significant role.
“President Trump has every reason to be encouraged,” said former Meese protégé Ken Blackwell, chairman of the Center for Election Integrity at the America First Policy Institute (AFPI). “Jack Smith has no legal authority to prosecute this president, and I congratulate the entire legal team for bringing this vitally important research to the court’s attention.”
“I hope this research is filed in the other courts where Smith is prosecuting Trump, who is clearly the presumptive GOP nominee,” added Blackwell, who formerly served both as Ohio secretary of state and a U.S. ambassador to the United Nations. “This unlawful election interference must be stopped.”
The case is United States v. Trump, No. 23-624, in the Supreme Court of the United States.
Bradley Jaye is a Capitol Hill Correspondent for Breitbart News. Follow him on X/Twitter at @BradleyAJaye.