Addressing the two unique arguments presented by disgraced former Republican Attorney General Edwin Meese in an amicus brief in Donald Trump’s federal documents case in Florida, Jack Smith Special Counsel’s office called the claims “meritless” in a filing Friday evening.
Meese argues that the status of the Special Counsel must be resolved before the case can go forward because there are SO many questions about the appointment of Jack Smith to the post. Plus, Meese claims, a Special Counsel must be appointed by the President, not the Attorney General. Therefore, Meese claims, no one can prosecute Donald Trump.
Smith notes that the first issue has been addressed, but any future challenges may be pursued after the investigation and trial are complete. And as far as the second challenge, relying on the Appointments Clause of the Constitution, Smith says that his position is not a “superior officer” requiring Presidential nomination and that the Attorney General has authority.
Basically, Meese argues that because Smith supervises lawyers under him, his position is a “superior officer” over “inferior officers” and must therefore be nominated by the President. Smith counters that the Special Counsel is itself an inferior officer by the nature of it reporting to the “superior officer” of the Cabinet department, the Attorney General, even though he has the authority to bring charges on his own authority.