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Republican AGs say Jack Smith’s office is unconstitutional


Jack Smith, on the left; Joe Biden, in the middle; Donald Trump, on the right.

Left: Special Counsel Jack Smith speaks about an August 2023 indictment of former President Donald Trump at a DOJ office in Washington (AP Photo/J. Scott Applewhite, File). Center: President Joe Biden delivers remarks on lowering the cost of prescription drugs, at NHTI Concord Community College, Tuesday, Oct. 22, 2024, in Concord, N.H. (AP Photo/Steven Senne). 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).

In something not entirely unlike an “all hands” call to action, Republican attorneys general from 20 different states are now trying to convince a federal court of appeals that the Mar-a-Lago documents indictment against Donald Trump should remain dismissed.

The 33-page amici curiae — or friends of the court — filing was submitted late Friday with the U.S. Court of Appeals for the 11th Circuit. The motion purports to represent the states of Florida, Iowa, Alabama, Alaska, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, And West Virginia.

In yet another iteration of a sustained legal pile-on, the brief argues special counsel Jack Smith was appointed to his position “unlawfully” — in violation of strong, time-honored executive, or presidential, authority.

“[U]nlike a U.S. Attorney, Smith faces next-to-zero presidential accountability,” the brief reads. “He was not appointed by the President and confirmed by the Senate. Nor is he subject to the plenary supervision of an official who was.”





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