During a House Judiciary hearing, Republican Congressman Thomas Massie questioned Attorney General Merrick Garland on the constitutionality of appointing Jack Smith as special counsel to investigate classified documents and the January 6 probe involving former President Donald Trump. Massie argued that Smith’s appointment violates the Appointments Clause of the Constitution, citing amicus briefs filed by former Attorney General Ed Meese. Garland defended the appointment, stating that it was based on regulations that have been in effect for decades and have been upheld by courts. Despite Garland’s response, Massie emphasized 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.