Attorney General Ken Paxton has submitted an amicus brief to the U.S. Court of Appeals for the Eleventh Circuit, backing President Donald Trump's assertion that special prosecutor Jack Smith was unlawfully appointed by the U.S. Department of Justice (DOJ).
The brief contends that the Biden-Harris Administration's appointment of the special prosecutor in this instance affects Texas's significant interest in stopping illegal federal actions. The DOJ asserts that the U.S. Attorney General can, without any statutory guidance from Congress, authorize a private individual to expend tens of millions of dollars to enforce federal criminal laws.
Additionally, Texas's brief argues that appointing a "special prosecutor" invokes the principle of constitutional avoidance. According to the Constitution, Congress must provide meaningful guidance when empowering federal agencies to choose between two enforcement paths. However, in this case, the statutes cited by DOJ offer no guidance.
"The Biden-Harris Administration’s appointment of Jack Smith was blatantly unconstitutional," stated Attorney General Paxton. "DOJ, without any authority, spent more than $30 million to hire a private individual to harass the former President by weaponizing partisan lawfare against him. This erodes the rule of law that distinguishes the United States from third-world, totalitarian regimes."
The brief further explains: "By any measure, it is extraordinary to suppose that Congress empowered the Attorney General to appoint a private attorney to lead (rather than simply assist) a significant multi-district investigation and prosecution on behalf of the United States. It is even more extraordinary to suppose that Congress would allow the Attorney General to do this for one of the most high-profile and expensive prosecutions imaginable: The unprecedented prosecution of a former President of the United States. Because the claimed power is extraordinary, Congress must speak clearly before courts can conclude that the Attorney General is authorized to wield it."
To read the brief, click here.