Commentary: Was It Legal to Appoint Jack Smith in the First Place?

Jack Smith

Was Special Counsel Jack Smith illegally appointed by Attorney General Merrick Garland and is his prosecution of former Pres. Donald Trump unlawful? That is the intriguing issue raised in an amicus brief filed in the Supreme Court by Schaerr Jaffe, LLP, on behalf of former Attorney General Ed Meese and two law professors, Steven Calabresi and Gary Lawson, in the case of U.S. v. Trump.

We won’t get an immediate answer to this question because on the Friday before Christmas, the Supreme Court issued a one-line order refusing to take up Smith’s request that the court review Trump’s claim of presidential immunity, which was denied by the trial court, in the federal prosecution being pursued by Smith in the District of Columbia. The special counsel had petitioned the court to take the case on an expedited basis, urging the justices to bypass review by the Court of Appeals for the D.C. Circuit.

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Commentary: 2024 Will Test the Longevity of the Civil Society

Trump Biden 2024

Unlike in 2020, when then-candidate Joe Biden was leading almost all of the polls — out of 293 national polls taken during that cycle compiled by RealClearPolitics.com, Biden led 285 of them, or 97 percent of them — this time around, former President Donald Trump has an observable advantage in the polls, leading President Biden in 103 out of 214 polls taken, or 48 percent of them. Biden has only led 81, or just 38 percent, and 30 are tied, or 14 percent.

Since, given Democrats’ historical advantage in the popular vote — Republicans have not won the popular vote since 2004 but still managed to eke out Electoral College wins in 2000 and 2016 without it — any potential tie in the popular vote would still bode well for Trump and Republicans in 2024. So, really, about 62 percent of the polls (and rising) showing that at this point in the race, with less than a year to go until November, Trump definitely has an advantage.

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