Jack Smith’s Authority To Prosecute Trump Is on ‘Life Support,’ Republican States Argue

States Say That the Appointment of a Special Counsel Is Unconstitutional

A group of Republican-led states is arguing that the appointment of a special counsel to investigate former President Donald Trump is unconstitutional. The states, led by South Carolina, filed a lawsuit in federal court on Monday, arguing that the appointment of Jack Smith as special counsel violates the Appointments Clause of the Constitution.

The Appointments Clause states that the President “shall appoint” all “Officers of the United States.” The states argue that Smith is not an “Officer of the United States” because he was not appointed by the President with the advice and consent of the Senate.

The states also argue that the appointment of a special counsel violates the separation of powers doctrine. The states argue that the appointment of a special counsel gives the executive branch too much power over the judicial branch.

The Government Says That the Appointment of a Special Counsel Is Constitutional

The Justice Department has defended the appointment of Smith as special counsel. The department argues that Smith is an “Officer of the United States” because he is appointed by the Attorney General, who is appointed by the President with the advice and consent of the Senate.

The department also argues that the appointment of a special counsel does not violate the separation of powers doctrine. The department argues that the special counsel is independent from the executive branch and that the Attorney General can only remove the special counsel for “good cause.”

The Case Is Likely To Go To The Supreme Court

The case is likely to go to the Supreme Court. The Supreme Court has not yet ruled on the constitutionality of the appointment of a special counsel. However, the Court has ruled that the President has the authority to appoint special prosecutors.

The outcome of the case could have a significant impact on the investigation into Trump. If the Supreme Court rules that the appointment of Smith is unconstitutional, the investigation could be stopped.

Implications for the Investigation

The lawsuit could have a significant impact on the investigation into Trump. If the Supreme Court rules that the appointment of Smith is unconstitutional, the investigation could be stopped.

The investigation is already facing other challenges. Trump has filed a motion to dismiss the indictment against him. The judge in the case has not yet ruled on the motion.

The investigation is also facing a deadline. The statute of limitations for the crimes that Trump is accused of expires in 2024.