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Special Counsel Smith does not hold an "office," and he is not an "Officer of the United States." To paraphrase Justice Scalia's Morrison dissent, this employee came as an employee.
Thomas explained that 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 ...
Mr. Smith got his start in the 1990s as a prosecutor in the Manhattan district attorney’s office and soon moved to a similar job at the United States Attorney’s office in Brooklyn.
In a 63-page report, the Office of Special Counsel concluded, "Senior Trump administration officials chose to use their official authority not for the legitimate functions of the government, but ...
There’s good news and bad news for special counsel Jack Smith. The good news is that he may not have to confront the thorny issues stemming from the Supreme Court’s presidential immunity decision.
In the Supreme Court’s monumental decision in former President Trump’s immunity case, one justice questioned whether Special Counsel Jack Smith – at the helm of Trump’s unpreceden… ...