A legal brief from the team of former Attorney General Ed Meese, including two leading constitutional scholars, advocates for the U.S. Supreme Court to deny the plea against former President Donald Trump presented by Jack Smith, as they claim his role as special counsel is ungrounded in the Constitution. The legal document communicates that Smith's plea for certiorari to the Supreme Court on behalf of the United States is unlawful as it comes from a position of unvalidated authority. The cited reason is that Congress has not approved his current role, making his appointment a breach of the 'Appointments Clause' as laid out in the Constitution. It's been alleged, in the briefing, that Attorney General Merrick Garland made a misguided appointment of Smith to an undefined office beyond his authority, as indicated by Newsweek.

In contention is that the creation of federal roles, such as the one Smith currently presides, lies wholly within Congressional purview, a principle advocated by Meese, Steven Calabresi, a lead at the Federalist Society, and Gary Lawson, a highly regarded constitutional law professor. They maintain that, excluding the roles of President and Vice President which are constitutionally established, Congress holds the exclusive privilege to establish further positions, as outlined in the Constitution’s provision that these roles must be 'established by law.' Legislation to authorize a role akin to 'independent counsel' was in the past ratified by Congress, but this law was retired in 1999.

The legal team argues that Garland doesn't possess the jurisdiction to delegate duties to a subordinate for tasks unauthorized by Congress. The designation 'officer' is essential for one to hold this level of authority. The Department of Justice was formed by Congress conferring particular powers onto it through legislation. However, it didn’t authorize an appointment to an office possessing the same stance of authority as a U.S. Attorney, but Garland has conferred this very authority onto Smith.

A legal brief from the team of former Attorney General Ed Meese, including two leading constitutional scholars, advocates for the U.S. Supreme Court to deny the plea against former President Donald Trump presented by Jack Smith, as they claim his role as special counsel is ungrounded in the Constitution. The legal document communicates that Smith's plea for certiorari to the Supreme Court on behalf of the United States is unlawful as it comes from a position of unvalidated authority. The cited reason is that Congress has not approved his current role, making his appointment a breach of the 'Appointments Clause' as laid out in the Constitution. It's been alleged, in the briefing, that Attorney General Merrick Garland made a misguided appointment of Smith to an undefined office beyond his authority, as indicated by Newsweek.
In contention is that the creation of federal roles, such as the one Smith currently presides, lies wholly within Congressional purview, a principle advocated by Meese, Steven Calabresi, a lead at the Federalist Society, and Gary Lawson, a highly regarded constitutional law professor. They maintain that, excluding the roles of President and Vice President which are constitutionally established, Congress holds the exclusive privilege to establish further positions, as outlined in the Constitution’s provision that these roles must be 'established by law.' Legislation to authorize a role akin to 'independent counsel' was in the past ratified by Congress, but this law was retired in 1999.
The legal team argues that Garland doesn't possess the jurisdiction to delegate duties to a subordinate for tasks unauthorized by Congress. The designation 'officer' is essential for one to hold this level of authority. The Department of Justice was formed by Congress conferring particular powers onto it through legislation. However, it didn’t authorize an appointment to an office possessing the same stance of authority as a U.S. Attorney, but Garland has conferred this very authority onto Smith.

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