During a recent hearing on Capitol Hill, Attorney General Merrick Garland faced questioning regarding his appointment of Special Counsel Jack Smith. The appointment was challenged by Rep. Thomas Massie, R-Ky., who raised concerns about the constitutionality of the move.
Massie questioned Garland on the authority behind appointing a special counsel without explicit authorization from Congress. In response, Garland pointed to existing regulations that have been in place for over 30 years, spanning across different administrations. He emphasized that the issue of having a Justice Department employee serve as a special counsel has been previously addressed and adjudicated.
Garland further defended his actions by citing a regulation that aligns with a specific statute, which he and previous Attorneys General, including William Barr, have relied on for making special counsel appointments.
However, former Attorney General Ed Meese has challenged this approach in various legal briefs related to cases during the Trump administration. Meese argued that the statutes referenced by Garland and others do not provide the necessary authority for the Attorney General to appoint a private citizen to wield significant criminal law enforcement powers as a Special Counsel.
Meese also contended that there is no specific statute granting the Attorney General, as opposed to the President with Senate approval, the power to make such appointments. These differing interpretations of legal authority have sparked debate and scrutiny over the process of appointing special counsels within the Justice Department.
