Special counsel Jack Smith isn’t an “officer of the United States” and the Trump classified documents case should be dismissed, said a constitutional law professor who filed an amicus brief in the Trump classified documents case.
Josh Blackman, a law professor at the South Texas College of Law Houston, wrote that “at most, Smith’s temporary position is properly characterized as a mere ‘employee’” and that Mr. Smith’s prosecution “violates the Supreme Court’s Appointments Clause jurisprudence.”
He also questioned Attorney General Merrick Garland’s appointment of Mr. Smith to head two cases targeting former President Donald Trump, including charges over whether he illegally retained classified documents and charges accusing him of illegally trying to overturn the 2020 election.
“Simply being appointed by a department head does not elevate that position to the status of […]
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