Recent allegations have been raised concerning the appointment process of John Lumen Smith, also known as “Jack Smith,” for his role as Special Counsel.
As per Order No. 5559-2022 issued by Attorney General Merrick B. Garland on November 18, 2022, Smith’s appointment was made in response to the need for an independent investigation into possible criminal activities related to former President Donald Trump’s 2024 presidential campaign.
Critics have questioned the validity of this appointment, observing that unlike other department heads with the power to appoint inferior officers, the Attorney General may not have been vested with such authority in this case since Smith was not Senate-confirmed for his office.
Furthermore, doubts have been cast over the timing of his affidavit compliance and oath of office taking upon his appointment.
Edwin Meese, former Attorney General under President Ronald Reagan, alongside Professors Gary Lawson and Steven Calabresi, filed a petition to the Supreme Court last week requesting a writ of certiorari in response to Jack Smith’s (John Lumen) petition for expedited appeal of his ruling on immunity.
In their petition, they argued that since Smith was hired directly by current Attorney General Merrick Garland, the constitutional process involving presidential nomination and Senate confirmation was circumvented.
As such, they maintained that any legal actions taken by Smith while acting as Special Counsel are invalid.
They further asserted that only individuals appointed to legitimately established federal offices can carry out such actions with validity.
The petition reads in part:
The illegality addressed in this brief started on November 18, 2022, when Attorney General Merrick Garland exceeded his statutory and constitutional authority by purporting to appoint Smith to serve as Special Counsel for the Department of Justice.
…
But none of those statutes, nor any other statutory or constitutional provisions, remotely authorized the appointment by the Attorney General of a private citizen to receive extraordinary criminal law enforcement power under the title of Special Counsel.
What federal statutes and the Constitution do not allow, however, is for the Attorney General to appoint a private citizen, who has never been confirmed by the Senate, as a substitute United States Attorney under the title “Special Counsel.”
Now, concerns regarding the appointment of Special Counsel John L. Smith (Jack Smith) have come up.
Under 5 U.S. Code § 3332, “An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment.”
The initial SF 61 was signed by Smith on November 20, 2022; however, due to the lack of a witness signature, corrective action was taken and a new SF 61 was executed 298 days after the appointment, on September 14, 2023.
This meets the requirement for any federal position appointee to file an appointment affidavit within 30 days of assuming office.
From: U.S. Department of Justice/ Justice Management Division/ Human Resources:
MEMORANDUM FOR THE RECORD
SUBJECT: Oath of Office, John L. Smith
EXECUTIVE SUMMARY: This memorandum serves as record that an appointment affidavit (SF 61) has been signed and executed for the appointment of John L. Smith, Special Counsel. On November 18, 2022, John L. Smith was appointed by Attorney General Merrick B. Garland to serve as the Special Counsel by Order No. 5559-2022.
DISCUSSION: Mr. Smith signed an SF 61 on November 20, 2022. Upon reviewing documentation, it was discovered that a witness signature was missing (more than likely as Mr. Smith was on boarded while overseas). JMD/Human Resources consulted with the JMD/Office of General Counsel (OGC) to ensure proper corrective action. OGC’s recommendation and advice was to readminister the oath of office and execute a new SF 61 to ensure procedural compliance.
Attachments
A. Attorney General Order 5559-2022
B. SF 61, signed and executed on 9/14/2023
C. SF 61, signed on 11/20/2022
Subsequently, on August 1, 2023, Trump was indicted on additional felony counts relating to attempts to overturn the 2020 presidential election and his conduct during the Capitol event.
However, it appears that Smith did not complete signing the “Oath of Office” as mandated by 5 U.S. Code § 3332 until September 14, 2023 – 298 days after assuming office – due to a missing witness signature.
This procedural misstep raises questions about the validity of Mr. Smith’s official actions prior to this date and opens up the possibility for jurisdictional challenges questioning whether he acted under lawful authority between his appointment and the signing of a corrected appointment affidavit in September 2023.
Generally speaking, failure to take an oath is considered a failure to properly complete an appointment process which could render any actions taken by Mr. Smith invalid.
The complexity of the situation is heightened by the fact that Mr. Smith may have filed the indictment under the name “Jack Smith” instead of his legal name, “John Luman Smith,” which was acknowledged by him.
According to New York Law, it is not permissible to practice law using a name different from that under which one was licensed without receiving formal approval for a name change from the Appellate Division.
From TGP:
The Gateway Pundit has sought insight from legal experts on both the discrepancy in names and the delayed oath.
Regarding the name discrepancy, one lawyer opined, “Since John/Jack are related names I’d expect them to punt on this. Or allow him to remedy/cure quickly… The court will interpret Jack as a form of John and say where’s the harm? He’s signing for himself.”
However, on the oath of office matter, the same legal expert posited, “A court should take it seriously. They might dismiss it as ceremonial. But it’s a solid argument.”
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What does a Trump hating Democrat cares about a constitutional process or even what is right opposed to what is wrong?
nada
The Anti-American Communists that call themselves Democrats are destroying The United States with their actions and policies, shown daily.
POOR Jack!!!!!! LM@O!!!!!
WHAT?
ANOTHER FRIGGIN DEMOCRAT FRAUD ???
Another Communist Democrat bites the dust.
Watch your back Jack Off.
So if this guy has no legal standing and he is harassing a former president he should be imprisoned this has to be taken seriously he just can t go about demanding and torture some one with no authority
Guess this makes everything that Jack off Smith does moot (pretty sure all 9 of the SCOTUS judges can see this now that it has been pointed out). What a waste of our taxpayer money this has been. Too bad we can’t slap old thug Jack off with some of the costs.
It is my opinion that this appointment was never designed to lead an investigation and a trial by the former President. He was placed in the position to harass Trump as much as humanly possible for as long as humanly possible as the 2024 primaries and election come closer and closer. They ( the deep state democrats) have no case, and they know that the January 6th scam insurrection was fictitious from the beginning. The goal here is to provide negative propaganda on a daily basis about Trump with the able support of the deep state’s able and willing media partners. They are failing miserably.
You should understand, by now, that “legal” is something that will never deter DemoSocialists in their quest for total control.
So, am I understanding that the actions that he took illegally… are now okay? or is it possible that somebody is a crooked mf with nor reverse on their stupidity. Oops. Maybe thats me, I will be visiting the J6ers soon…
Smith should be locked up for impersonating himself as a legal prosecutor when he knew he sneaked in. And if he claims he didn’t know then he is really lying to the American people.
Trump should be able to sue the living shit out of him and confiscate all his assets. Sounds like 250 million dollars worth of harassing Trump should come from Smiths estate and years in jail is what Asshole Smith needs. Typical Democrat B/S always trying to cheat the system everyone else has to comply bye. FJB. WE need Trump now to fix corrupt government officials. 3 years and not one crooked government official been indicated. It’s time for revamping complete government
Jack Smith looks like Satan. Could be why he acts like he does. Maybe someone should remind him God always wins period. He must have forgotten he already has been condemed to HELL by the Father when he was thrown out of Heaven. HELL a Perfect place for him for etrnity.
AMEN AMEN I TOTALLY AGREE him and the obamas the clintons the bushes the whole democratic party talk about CRIMINALS BOY OUR GOVERNMENT IS FULL OF CRIMINALLS AND COMMUNIST AMERICA HATING BACK STABBING LYING CHEATING PARASITES and to me what ever TRUMPS faults may be which are few HE is one billion times better than the trash thats in the white house thats destroying our country
jack smith is a low down scum snake that he should be investigated arrested & prosecuted for his lies & criminal activities he is the criminal just like all his demon demonic democrats
smith is a low life lying scab he should be arrested and prosecuted for his crimes he even looks like a demon from hell and he needs to return to his place in HELL
linda, i think i’m in love with you for all that.
Jack’s appointment affidavit was invalid when he charged President Trump. He also used his AKA Jack Smith name instead of his real name. This invalidates all his actions against Trump . What’s next?
jack boy, trump has his eye on you as the first to go, when he gets back in. so, you should be looking for another planet to run to, i would be very afraid to be you, or any demon-rat after november 2024.
The demonRATS, and Biden don’t care laws, or the constitution. If they did, Biden would be brought up on charge of violating the constitution, by opening the southern border.
Article 4 Section 4 of the U.S. Constitution states: The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
This was to guarantee that each state of the union was protected against invasion by foreign nations, revolutionary forces, drug cartels and uncontrolled (illegal) immigration. If we cannot control our borders we cannot defend our national sovereignty…..it’s that simple. This week we will hear from Major General Paul Vallely (ret.) and border security expert Chuck Floyd about a plan being considered by President Trump to use National Guard and U.S. Military forces in coordination with the U. S. Border Patrol in an effort to end the flow of: illegal aliens, drugs, human trafficking and gang/terrorist sleeper cells into the United States. This is a very constitutional and legal use of military resources and represents a paradigm shift from the open border policies being promoted by generations of socialist progressives and globalists at leadership positions within our government. We should all support a reasonable level of legal immigration, after all, we truly are a nation of immigrants. However, we must end the open borders policy that makes a mockery of law enforcement, public safety, private property and states rights; cornerstones of our republic and essential to the concept of national sovereignty.
Democrats will never be found guilty of anything, as we have seen IT before with all the crimes they committed against Trump. They make up their own laws and I don’t think they will ever change, because the biased & corrupt media is complicit to their agenda with propagandas promoting them. We are no longer a Republic governed by laws but governed by Democrat mobs. I am glad I am old and ready to meet my creator, because I dread the day our enemies takes over our country without firing a single shot, just through their puppet politicians…namely Democrats as we are seeing it now. ….OPEN BORDERS, VACCINE MANDATES, & CBDC REPLACING OUR DOLLAR.
No left-wing liberal Democrat will ever be required to follow the law. We have a president and vice-president who were never elected. An attorney General who prosecuts anyone who apposes the illegally appointed Kabul. Many DA’s whose positions were purchased by the leftist swamp. And the whole bunch choosing to not enforce laws that would hamper their destruction of America.
People that play with FIRE will get burned ,