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seawulf575's avatar

Could Jack Smith's appointment be unconstitutional?

Jack Smith was appointed by Merrick Garland as the Special Counsel to get Donald Trump. But now it seems there is push back from others in the legal profession saying that appointment was unconstitutional Former AG Meese and two other attorneys have filed an amicus brief that is now with the SCOTUS for consideration. If the SCOTUS rules the appointment was indeed unconstitutional, everything Smith has done as Special Counsel will be undone. Another Special Counsel would have to be appointed who could then appoint Smith as an assistant. But all investigations Smith has done would be gone and have to start from scratch.

This is strictly a legal issue, but has long lasting implications. If the SCOTUS rules against this motion and says that Smith can continue, that opens the door as a precedent for some other POTUS (such as Trump) to then have whoever he wants to prosecute any of his political enemies to be appointed outside of the rules for such appointments. Is this where we want our nation to go?

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