Rep. Massie presses Garland on constitutionality of Special Counsel Jack Smith’s appointment

Republican Congressman Thomas Massie, R-Ky., pressed Attorney General Merrick on the constitutionality of appointing Jack Smith as special counsel in a hearing Tuesday.

Garland testified before the House Judiciary Committee and was questioned by Massie on Smith's appointment to oversee the classified documents and January 6 probe into former President Donald Trump.

"What gives you the authority to appoint a special counsel to create…you've created an office in the U.S. government that does not exist without authorization from Congress," Massie posed to Garland.

Massie referenced amicus briefs in the cases brought by the DOJ against Trump filed by former Attorney General Ed Meese under Ronald Reagan – in which he argues that the case that Garland's appointment of Smith — a private citizen — is in violation of the Appointments Clause of the Constitution.

SPECIAL COUNSEL IN TRUMP CASE UNCONSTITUTIONAL, FORMER REAGAN AG SAYS

"Not clothed in the authority of the federal government, Smith is a modern example of the naked emperor," the brief states.

"Improperly appointed, he has no more authority to represent the United States in this Court than Bryce Harper, Taylor Swift, or Jeff Bezos," they argued.

Meese argues that the "illegality" of Smith’s appointment is "sufficient to sink Smith’s petition, and the Court should deny review."

Meese and company noted in the brief that Smith was appointed "to conduct the ongoing investigation into whether any person or entity [including former President Donald Trump] violated the law in connection with efforts to interfere with the lawful transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021."

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