We should count ourselves lucky that the vertical corpse now residing in the white house lacks the cognitive abilities to employ the authority his devout followers wish to bestow upon him.
He wouldn’t have had to “bring him back.”. All he had to do was try him for his alleged crimes. Once tried and convicted (presumably,) sentence could be passed and carried out accordingly.
Supreme Court Justice Clarence Thomas raised a question Thursday that goes to the heart of Special Counsel Jack Smith’s charges against former President Donald Trump.
The high court was considering Trump’s argument that he is immune from prosecution for actions he took while president, but another issue is whether Smith and the Office of Special Counsel have the authority to bring charges at all.
“Did you, in this litigation, challenge the appointment of special counsel?” Thomas asked Trump attorney John Sauer on Thursday during a nearly three-hour session at the Supreme Court.
Federal prosecutions, “can be taken only by persons properly appointed as federal officers to properly created federal offices,” Meese and Mukasey argued. "But neither Smith nor the position of special counsel under which he purportedly acts meets those criteria.He wields tremendous power, effectively answerable to no one, by design. And that is a serious problem for the rule of law — whatever one may think of former President Trump or the conduct on January 6, 2021, that Smith challenges in the underlying case."
Smith was a private citizen when Attorney General Merrick Garland appointed him as special counsel to investigate Trump in 2022.
Garland sits there acting all innocent when questioned by the House Committee.
What other special counsel was appointed without being confirmed by the Senate?
President Reagan’s attorney general and two law professors who clerked for Supreme Court Justice Antonin Scalia are challenging special counsel Jack Smith’s authority to prosecute former President Donald Trump, saying a private citizen can’t bring criminal charges.
Former Attorney General Edwin Meese and law professors Steven Calabresi and Gary Lawson said in a 25-page filing to the Supreme Court that Attorney General Merrick Garland had no constitutional or statuary authority to appoint Mr. Smith to conduct the high-level criminal investigation of Mr. Trump because he was a private citizen and not confirmed by the Senate.
Mr. Smith worked as a U.S. attorney but was living in the Netherlands at the time of his appointment in November 2022, according to reports.