Jack Smith’s witch hunt against Donald Trump is on thin ice.
It’s about to be game over for him.
And Jack Smith was hit with one simple truth that will wreck his witch hunt.
Questions grow about Jack Smith’s ability to continue as Special Counsel
Special Counsel Jack Smith came into 2024 with designs on tying down former President Donald Trump in a courtroom and getting a criminal conviction before Election Day.
But it’s been a no-good, horrible year for him.
Smith’s January 6 criminal case was paused for most of the year while the Supreme Court considered Trump’s claim of Presidential immunity.
District Court Judge Aileen Cannon dismissed his criminal case against Trump because he was unlawfully appointed as Special Counsel.
She said because he was a private citizen who was never confirmed by the Senate that his appointment violated the Constitution’s Appointments Clause.
Cannon also noted that Congress never appropriated funding for the Special Counsel’s office – which has cost more than $35 million to date – which is a violation of the Constitution’s Appropriations Clause.
He’s fighting that ruling in appeals court.
Smith filed a superseding indictment in his January 6 case that kept the four original charges but dumped some of the evidence that would be disqualified on Presidential immunity grounds.
Representative Matt Gaetz (R-FL) wants to know why the Special Counsel is still being allowed to operate after a court found that his appointment was illegal.
He sent a letter to Attorney General Merrick Garland asking who authorized Smith to move forward with the January 6 case.
Major legal issue hanging over Jack Smith’s head
Gaetz asked Garland for any written authorization for Smith to proceed and any documents about his legal efforts against Trump after Judge Cannon declared him unlawfully appointed.
“On August 27, 2024, Special Counsel Jack Smith filed a superseding indictment against former President Donald Trump in federal district court in the District of Columbia,” Gaetz wrote. “One day later, he was arguing before the 11th Circuit Court of Appeals, attempting to overturn a federal district judge’s finding that he was unlawfully appointed by you.”
“It is unclear what authority Special Counsel Smith has to file either of these briefs or to provide services to the Department of Justice,” Gaetz added.
Gaetz asked Garland if he checked with the Deputy Attorney General or the Public Integrity Section before Smith filed the superseding indictment.
He also requested the Attorney General “provide any records of the Deputy Attorney General’s Office or the Office of the Attorney General authorizing the Office of Special Counsel to file the Aug. 27, 2024, superseding indictment.”
Jack Smith’s fate will likely be decided by the Supreme Court.
D.C. District Court Judge Tonya Chutkan, presiding over the January 6 case, rejected a motion by Trump’s legal team to have the case dismissed because Smith was unlawfully appointed.
The split circuit with two different circuit courts having two different rulings on Smith’s constitutionality means that the Supreme Court will need to decide the matter.
And there’s at least one justice hostile to Smith.
Justice Clarence Thomas questioned the constitutionality of Smith’s appointment during a hearing over Trump’s Presidential immunity.
Stay tuned to Unmuzzled News for any updates to this ongoing story.
