Massie: Is Special Counsel Jack Smith’s Office Constitutional?

Congressman Thomas Massie (R-KY) held Attorney General Merrick Garland’s feet to the fire Tuesday over whether Jack Smith’s appointment as a special counsel was constitutional.

Smith was appointed to oversee federal investigations into Donald Trump over classified documents and Jan 6.

During sometimes heated questioning before the House Judiciary Committee, Massie grilled the AG about how Jack Smith was nominated for the position of special counsel.

AG Garland was forced to admit that Smith was neither appointed by president Biden or confirmed by the Senate nor was a special counsel statute passed to authorize Smith’s appointment.

.@RepThomasMassie: “You’ve created an office in the U.S. government that doesn’t exist and without authorization from Congress.” pic.twitter.com/QHdlim1gIu

— Media Research Center (@theMRC) June 4, 2024

Massie argued that Smith’s appointment, as a private citizen, violates the Appointments Clause of the Constitution.

During his questioning, Massie reference amicus briefs filed by former Reagan administration Attorney General Ed Meese which argue that the “illegality” of Smith’s appointment is “sufficient to sink Smith’s position and the Court should deny review.”

Garland argued that other appointments made by him and others, including Trump administration AG Bob Barr, cite a regulation that they believe points to a statute.

Massie was not convinced and maintained that Congress never authorized a special counsel office to exist. He bluntly pointed out, unlike U.S. Attorneys, Jack Smith was not appointed by the president and was not confirmed by the Senate.

Is Special Counsel Jack Smith’s office Constitutional? Unlike U.S. Attorneys, he wasn’t appointed by the President and wasn’t confirmed by the Senate.

Congress never even authorized a Special Counsel office to exist. We shouldn’t pretend this position is legal or independent. pic.twitter.com/3UOvvP0Aoo

— Thomas Massie (@RepThomasMassie) June 4, 2024

Rep. Jim Jordan (R-OH) also had terse exchanges with Garland, as the Chairman of the House Judiciary Committee pressed the Attorney General over why he picked Smith as special counsel.