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Trump Trial: Constitutional Law Scholars File Voluntary Brief To Supreme Court Saying Jack Smith’s Status As Special Counsel Is ‘Unconstitutional’

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(Just The News) 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.

Notably, Calabresi, a Republican who served as Meese’s assistant in the Reagan administration, has been critical of Trump before. Calabresi wrote an op-ed for The New York Times days after the Jan. 6, 2021, Capitol riot calling for the Senate to convict Trump for what he said was “inciting a violent insurrection” and “pressuring Georgia’s secretary of state to ‘find’ enough votes for him to overturn the legitimate election result there.”

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