[This post is co-authored with Professor Seth Barrett Tillman.]
Last month, we 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. Our brief argued that Special Counsel Jack Smith is not an "Officer of the United States." At most, his temporary position is characterized as a mere "employee." As a result, this mere "employee" cannot exercise the broad prosecutorial powers of a United States attorney.
Smith filed a response to our amicus brief. Smith argued that the Blackman-Tillman brief is in conflict with an amicus brief filed by Former Attorney General Edwin Meese III, Professors Steve Carabresi and Gary Lawson, and organizations. Smith wrote:
