Rep. Massie Presses AG Garland on Constitutionality of Special Counsel Jack Smith’s Appointment
During a contentious House Judiciary hearing, Republican Congressman Thomas Massie, R-Ky., confronted Attorney General Merrick Garland on the constitutionality of Jack Smith’s appointment as special counsel. Smith has been tasked with overseeing the classified documents and January 6 probe into former President Donald Trump.
Massie asserted that Smith’s appointment as special counsel violates the Appointments Clause of the Constitution, as it was made without the authorization of Congress. He cited amicus briefs filed by former Attorney General Ed Meese in cases brought by the DOJ against Trump, in which Meese contends that the appointment of a private citizen as special counsel is illegal.
Garland, in response, defended the appointment, stating that it was based on regulations that have been in effect for 30 years and have been upheld by courts. However, Massie argued that the Constitution requires the appointment of a Special Counsel by the President with the advice and consent of the Senate, which has not been done in this case.
The debate over Smith’s appointment has raised questions about the scope of the Attorney General’s authority to appoint special counsels and the constitutional limits on such appointments. The outcome of this hearing may have significant implications for the ongoing investigations into classified documents and the January 6 Capitol insurrection.
