Attorney General Alan Wilson has joined a multistate coalition urging the U.S. Court of Appeals for the 11th Circuit to uphold the dismissal of an indictment against former President Donald Trump. The indictment was brought by U.S. Department of Justice Special Counsel Jack Smith, and the coalition argues that Smith's actions are invalid due to constitutional violations.
"Our argument is pretty simple—the Constitution does not give the U.S. Attorney General the authority to give executive power to a special prosecutor like Jack Smith," said Attorney General Wilson. "Therefore, his indictment against Donald Trump should be dismissed."
In 2022, U.S. Attorney General Merrick Garland appointed Jack Smith as Special Counsel, granting him full power and independent authority similar to that of any U.S. attorney, to investigate Trump. This led to an unprecedented indictment of a former President and current political rival of the administration in power. Unlike a U.S. Attorney, Smith reportedly lacks presidential accountability.
The coalition's amicus brief emphasizes an alternative basis for affirming the district court’s judgment dismissing the indictment: "Smith acted under regulations that authorize the exercise of core executive power unguided by the plenary control of the President or any principal officer accountable to him. Because those regulations violate Article II of the Constitution, Smith’s actions under them are invalid."
The brief further states: "Indeed, the avowed purpose of Special Counsel Smith’s appointment was to remove responsibility—and thus political accountability—for the investigations and prosecutions under his purview from the current Administration...Article II does not give the Attorney General the authority to vest executive power in Jack Smith…The district court’s dismissal of the indictment should be affirmed."
States joining South Carolina in this effort include Alabama, Alaska, Arkansas, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Dakota, Tennessee, Utah, and West Virginia.