Is the delegation of authority to Special Counsel Jack Smith invalid?

Law Prof Challenges Validity of Special Counsel’s Appointment in Trump Classified Documents Case

“…Special Counsel Smith exercises too much independent authority, according to the brief…

…A legal scholar and public interest legal organization have teamed up to challenge the classified documents indictment against Donald Trump. The scholar and organization filed a March 21 brief arguing that the delegation of authority to Special Counsel Jack Smith is invalid, rendering the indictment invalid, as well.

Prof. Seth Barrett Tillman and the Landmark Legal Foundation’s brief argue Smith’s appointment is invalid because Smith exercises too much independent authority for his position as an employee.

Smith’s appointment furnishes him with “the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.”

Tillman’s brief argues this delegation of authority goes too far because only “Officers of the United States” can hold such far-reaching authority and power and Smith is a “mere ’employee’” of the United States.

According to Tillman’s brief, an employee like Smith cannot exercise the “significant authority” of a U.S. Attorney without the supervision of an Officer of the United States.

“Employees tend to carry out routine administrative tasks,” Tillman told Legal Insurrection, but “the ability to investigate, indict, and try independently” are powers far beyond “routine administrative tasks.”…”