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

Citizens United and Citizens United Foundation filed an amicus brief in United States of America v. Donald J. Trump to support former President Trump’s motion to dismiss the indictment based on the Appointments Clause. Smith is the classic “emperor with no clothes.” He has no more authority to represent the United States in this Court than Tom Brady, Lionel Messi, or Kanye West.

CU and CUF filed the brief in the case brought by Special Counsel Jack Smith and relates to the FBI’s raid of President Trump’s Mar-a-Lago home in August 2022. In the brief, CU and CUF argue that:

• First, Jack Smith does not have authority to prosecute this case. Those actions can be taken only by persons properly appointed as federal officers to properly created federal offices. But neither Smith nor the position of Special Counsel under which he purportedly acts meets those criteria.
• Second, the legality of Jack Smith’s appointment is a potentially fatal flaw in this entire prosecution, and as such must be resolved before this case proceeds closer to trial.
• Third, Smith’s lack of authority to prosecute Trump follows from first principles. In our constitutional system, Congress alone has the authority to create federal offices not established by the Constitution.

The Court should grant the Motion to Dismiss on the Appointments Clause issue and do so prior to ruling on the other Motions to Dismiss pending in this case.