This move marks yet another self-serving, calculated maneuver, a legal sleight-of-hand designed to protect reputations.
Following President Donald Trump’s decisive victory in both the electoral and popular vote, it’s becoming clear, based on multiple reports, that the weaponized Department of Justice (DOJ) is poised to dismantle its baseless and frivolous criminal prosecutions against Trump in Florida and Washington, D.C., and may even dismiss Jack Smith before Trump has the satisfaction to utter his most famous line, “you’re fired.”
While some might interpret this as Democrats waving the white flag in the face of Trump’s resurgence or as a premature gesture of goodwill, don’t be fooled. This move marks yet another self-serving, calculated maneuver, a legal sleight-of-hand designed to protect the reputations of Attorney General Merrick Garland, Smith, and former Special Counsel Robert Mueller and to distract from Smith and Mueller’s unconstitutional appointments.
Illegitimate Appointment
The illegitimacy of Smith’s appointment emerged this past summer, notably in Justice Clarence Thomas’s concurring opinion in United States v. Trump. Supplementing the court’s landmark opinion that extended presidential immunity to criminal cases — an extension that serious legal scholars saw as a natural evolution from the court’s decision in Nixon v. Fitzgerald — Thomas took his argument a step further, casting a glaring spotlight on the shaky foundation of the prosecutorial appointment.
Thomas underscored his point with a forceful reminder: “I write separately to highlight another way in which this prosecution may violate our constitutional structure. In this case, the Attorney General purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States. But I am not sure that any office for the Special Counsel has been ‘established by Law,’ as the Constitution requires.” His words laid bare a critical issue that cannot be ignored — the legitimacy, or lack thereof, of Smith’s appointment and the prosecutorial authority it supposedly confers. […]
— Read More: thefederalist.com
