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Pro-Trump groups join fight against Jack Smith appointment


Jack Smith, on the left; Donald Trump, on the right

Left: Jack Smith speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington (AP Photo/Jacquelyn Martin, File). Right: Donald Trump speaks to members of the media before departing Manhattan criminal court, Monday, May 6, 2024, in New York (AP Photo/Julia Nikhinson, Pool).

The battle over the dismissal of the indictment in the Mar-a-Lago documents case is heating up in the U.S. Court of Appeals for the 11th Circuit, as a group of conservative amici curiae, or friends of the court, on Friday argued to maintain the pro-Donald Trump status quo.

In their 35-page brief in support of the defendants, several right-wing nonprofit groups — led by 501(c)(3) America’s Future — argue that special counsel Jack Smith was unconstitutionally appointed to his position in violation of the appointments and appropriations clauses.

“Because there was no legislation specifically creating an office of Special Counsel when the Attorney General appointed Mr. Smith on November 18, 2022, the challenged appointment must be invalidated because Congress had not established the office of Special Counsel as the Appointments Clause requires,” the filing reads.

As is often the case in the several-months-long litigation over the constitutional vitality of Smith’s appointment, the appropriations clause argument is a knock-on, or derivative, claim. To hear opponents of the special counsel’s office tell it, any spending that occurred after the unlawful appointment is, perforce, also unlawful.





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