Arkansas Joins Amicus Brief on Trump’s Behalf for Smith Removal
On Friday, it was revealed that the state of Arkansas was going to join 19 other states with an amicus brief on behalf of Donald Trump.
The brief is to support the removal of Jack Smith as special counsel.
The filing claims that Smith’s appointment was unconstitutional, therefore, it was illegal, and he must be removed.
Joining the Party
At this point, virtually every red state in the country has joined this suit, but unless I am missing something, I don’t think it will be successful.
As I have stated in previous reports, this issue was heavily litigated during the Watergate era, with powers being given to the Attorney General to appoint a special counsel.
This rule has been the norm ever since, with numerous special counsels being appointed by their respective attorneys general, including the appointment of John Durham by then-Attorney General William Barr during the Trump presidency.
Even so, the filing says that Garland’s appointment placed Smith outside presidential accountability, therefore, the appointment is illegal.
Arkansas Attorney General Tim Griffin explained the state’s position, stating, “This case is ultimately about the unconstitutionality of unchecked power: As the district court correctly concluded, Jack Smith’s appointment was illegal.
“The Constitution doesn’t give the U.S. Attorney General the power to appoint unaccountable prosecutors.”
Friday was the final day to submit an amicus brief on this matter, so we would expect the court to offer a ruling on this very soon.
Assuming the ruling comes down as I expect, the case is likely to go before the Supreme Court, where there will be an audience for this.
Justice Clarence Thomas has already expressed concerns about the constitutionality of the appointment, to the point that Judge Cannon dismissed the classified documents on that belief.
Thomas also happens to be the justice who oversees requests for Florida, so this case will wind up going before the Supreme Court at some point.
