Trump Challenges Jack Smith Appointment as Special Counsel

Trump is once again on the attack against Special Counsel Jack Smith.

Trump’s attorneys are already challenging Jack Smith’s appointment as unconstitutional.

The former president added more fuel to the fire saying that he would fire Smith “within two seconds” if he gets elected as president.

Can He Do This

First, let’s look at the filing by Trump’s attorneys, who are claiming that Merrick Garland did not have the power to appoint Jack Smith.

If that is true, the special counsel appointments of the last five decades, including William Barr's appointment of John Durham, will all be nullified.

This very issue was heavily litigated in the 1970s, and rules for the appointment of a special counsel by the attorney general were clearly outlined in 28 CFR § 600.1.

I know Justice Clarence Thomas has brought this up, and the classified documents case was dismissed on this front, but Thomas is wrong and the classified documents case will eventually be restored.

Regarding Smith, Trump claimed he was given “immunity at the Supreme Court,” but again, he is wrong.

The court did not give Trump immunity; it merely regurgitated past rulings that presidents are immune from prosecuting for official acts as presidents.

While certain communications may be immune in the case, overall, Trump’s actions were not an official act of a sitting president, so they will not be immune from prosecution.

Secondly, he has no power to fire Jack Smith because he was not a presidential appointment.

Donald Trump could order his Attorney General to fire Smith, which would result in both Trump and the attorney general being brought up on impeachment charges.

And yes, I am quite aware that everyone reading this is fuming at me right now, but I am here to tell you the truth, not tell you want you want to hear or that Donald Trump is always right.

This is also rather foolish to discuss just prior to the election, considering the narrative that Democrats are pushing against Trump right now.

Whether Trump likes it or not, he is going to have to ride this one out.