“…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 Foundationâs brief argue Smithâs appointment is invalid because Smith exercises too much independent authority for his position as an employee.
Smithâs appointment furnishes him with âthe full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.â
Tillmanâs brief argues this delegation of authority goes too far because only âOfficers of the United Statesâ can hold such far-reaching authority and power and Smith is a âmere âemployee’â of the United States.
According to Tillmanâs brief, an employee like Smith cannot exercise the âsignificant authorityâ of a U.S. Attorney without the supervision of an Officer of the United States.
âEmployees tend to carry out routine administrative tasks,â Tillman told Legal Insurrection, but âthe ability to investigate, indict, and try independentlyâ are powers far beyond âroutine administrative tasks.â…”