Special Counsel Jack Smith might have thought he had an air-tight case against former President Donald Trump.
But even if he did, it might not matter depending on what a D.C. appeals court determines regarding his eligibility to even be a special counsel with powerful prosecutorial tools at his disposal.
According to Fox News, Smith's eligibility to act as special counsel is now under question.
The court told lawyers to be prepared to answer questions regarding Smith's eligibility, which could be a major wrench in Smith's pursuit of Trump.
Earlier in the week, Ed Meese, a former attorney general under President Ronald Reagan, filed a friend-of-the-court brief arguing Smith's eligibility as special counsel.
Meese argued that his appointment as special counsel constituted a violation of the Appointments Clause of the Constitution.
Cool. Ed Meese’s amicus brief has been accepted in the Trump appeal (challenging Smith’s standing), and the court has directed the parties to be prepared to argue the issues raised by the amici. https://t.co/R8zx2XUSj7 pic.twitter.com/U0xSTMYgua
— FoiaFan🇮🇱 (@15poundstogo) January 2, 2024
Meese held nothing back in the brief filed with the court, insisting that Smith is simply not eligible to pursue charges against Trump in his position.
"Not properly clothed in the authority of the federal government, Smith is a modern example of the naked emperor. Illegally appointed, he has no more authority to represent the United States in this Court, or in the underlying prosecution, than Tom Brady, Warren Buffett, or Beyoncé," Meese wrote.
The court ultimately told lawyers on both sides to "be prepared to address at oral argument…any inquiries by the Court regarding discrete issues raised in the briefs filed by amici curiae."
Many agreed with Meese's assessment and some even called into question why it took this long to make the argument that Smith isn't eligible.
"What's astonishing and terrifying is that it took a retired, Reagan Era offical to make this point. Our State AG's are apparently otherwise occupied. Our bazillion dollar, fancy Bar class of attorney's are...at the bar. We certainly cannot rely on the US AG," one X user wrote.
Another X user wrote, "I hope they rule against him! This case should never have been brought against Trump!"
Only time will tell what the court thinks about Smith's role as special counsel. This could get interesting.
