Appeals court to probe constitutionality of Jack Smith special counsel appointment

By Jen Krausz on
 January 5, 2024

The U.S. Court of Appeals for the District of Columbia Circuit notified Special Counsel Jack Smith and lawyers for former President Donald Trump that it would consider as part of an immunity appeal whether Smith's appointment as special counsel was constitutional.

The arguments are scheduled to begin Jan. 9 and encompass both Trump's claims of immunity and claims that double jeopardy attaches to the prosecution because the Senate acquitted him of charges related to the unrest of Jan. 6, 2021, as well as the argument about the constitutionality of Smith's appointment.

The claims about Smith's appointment being unconstitutional were lodged in an amicus brief submitted by former Attorney General Ed Meese.

Steven Calabresi, the co-chairman of the Federalist Society, and Gary Lawson, a prominent constitutional law professor, joined Meese in the brief.

Trump posted on Dec. 26 that Smith should "go to HELL" and was "helping his Corrupt and Incompetent President to destroy America through Weaponization and ELECTION INTERFERENCE."

Smith wants to keep moving the case along, but it's possible that Trump's appeal will set in motion a way to permanently end it.