Promoting Traditional American Values

CU and CUF File Amicus Brief in Donald J. Trump v. United States

The process is the punishment: Joe Biden has weaponized the justice system to bankrupt, imprison, and destroy his political opponents.  Just one problem: Every single act Jack Smith has taken since Day 1 has been ultra vires and void because the Attorney General lacks the authority to hire a private citizen off the street and empower him with the overwhelming authority of a United States Attorney.

Citizens United Foundation agrees with former Supreme Court Justice and U.S. Attorney General Robert Jackson:

The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizen’s friends interviewed.

Because of this immense power to strike at citizens, not with mere individual strength, but with all the force of government itself, the post of Federal District Attorney from the very beginning has been safeguarded by presidential appointment, requiring confirmation of the Senate of the United States. You are thus required to win an expression of confidence in your character by both the legislative and the executive branches of the government before assuming the responsibilities of a federal prosecutor.

It strains credibility to believe that Congress would vest the ability to confer unilaterally such extraordinary power sub silentio upon Attorney General Merrick Garland. In fact, it has not.  Congress has not created “by law” Jack Smith’s Office of Special Counsel. Even if the Court somehow concludes that the office exists in accordance with the Constitution and federal statute, hiring a private citizen like Jack Smith off the street to wield the power of a superior constitutional officer violates Art. II, Sec. II, Cl. II.

The Senate must give its consent.  Joe Biden’s imperial presidency must be reined in.

This is the fundamental question that the Court must address before reaching the immunity question.

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Citizens United Foundation