ACLJ Files To Take Down Jack Smith

It’s been a busy time at the ACLJ in our fight against the far Left’s blatant interference in the 2024 presidential election. We filed an amicus brief at the U.S. Supreme Court to keep noncitizens off the voting rolls in Virginia, and yesterday we filed another amicus brief at the high Court to keep citizens from illegally voting twice in Pennsylvania.

And we just filed our latest amicus brief at the 11th Circuit Court of Appeals to argue that Special Counsel Jack Smith should be disqualified from his prosecution of President Trump. His ongoing prosecution is clearly a political weaponization of the criminal justice system.

As you know, Smith has been relentless in going after President Trump. The Supreme Court had already rejected his initial indictment regarding presidential immunity (in which the Justices agreed with our amicus brief). Then Smith returned with a superseding indictment just weeks before the election. This latest indictment was primarily based on hearsay about alleged private conversations between Trump and White House officials.

However, our latest amicus brief at the 11th Circuit relates to Smith’s unlawful appointment as Special Counsel. Don’t forget that a federal judge already declared that Smith was unconstitutionally appointed in the classified documents indictment. The case was then appealed to the 11th Circuit, which is where our brief comes in.

Our brief supports the federal judge’s decision and the rule of law. Smith’s appointment clearly violated the Appointments Clause of the Constitution because he wasn’t confirmed by Congress as required by Article II, Section 2, Clause 2 of the U.S. Constitution.

We make two primary arguments in our brief. First, as a Special Counsel, Smith is a principal officer, and the Supreme Court’s Appointments Clause requires scrutiny of officer classifications. Unlike inferior officers, principal officers must undergo a presidential nomination and Senate confirmation – a process Smith did not complete.

Second, Smith has failed to identify any statutory authority allowing the U.S. Attorney General to appoint him as a U.S. officer. Our brief examines each statute that Smith cites to claim his authority. None of them allow the appointment of new U.S. officers. Instead, they only allow commissioning attorneys already retained by the DOJ, not appointing new officers from outside the government.

Finally, the Appointments Clause is a crucial safeguard designed to maintain political accountability for important government assignments. We must ensure that a President can perform “official acts” while in office and not worry about being prosecuted. Unchecked prosecutorial power could paralyze presidential duties, which is exactly what the Framers sought to prevent.

We can’t stop the far Left from interfering in our elections without you. Donations made during this time are doubled to fund our fight to preserve election integrity – give today.

You can personally join us in fighting against election interference. Visit our election integrity action page to sign our petition and get involved. And download our limited-time ACLJ Election Prayer Guide and pray for our nation during this time.

Today’s Sekulow broadcast included a full analysis of the ACLJ’s brief to stop Special Counsel Jack Smith’s unlawful prosecution of President Trump. Senator Tommy Tuberville (AL) reacted to President Biden’s calling half of Americans “garbage.” ACLJ Senior Advisor for National Security and Foreign Policy Ric Grenell criticized the White House’s attempt to cover up Biden’s “garbage” comments.

Watch the full broadcast below: