I have filed an amicus brief in United States v. Trump (S.D. Fla.), one of two prosecutions brought against former-President Trump by Special Counsel Jack Smith. This brief, which is on behalf of Professor Seth Barrett Tillman and the Landmark Legal Foundation, contends that Special Counsel Jack Smith is not an "Officer of the United States." At most, his position is properly characterized as a mere "employee." And as a mere "employee," Smith cannot exercise the broad prosecutorial powers of a United States attorney. If our position is correct, then this prosecution can continue, if at all, only under the normal supervision of the politically accountable United States Attorney for the Southern District of Florida.
After our brief was accepted by the Court, the follow order was issued:
The amicus brief [410-1] is accepted for Court consideration. Should the Special Counsel or Defendants wish to file a separate response to the amicus brief, they may do so on or before April 4, 2024, in accordance with the Local Rules.
