Florida Attorney General Ashley Moody is spearheading a coalition of attorneys general from multiple states, urging the U.S. Court of Appeals for the 11th Circuit to uphold the dismissal of a federal indictment against former President Donald Trump.
The coalition argues that Special Counsel Jack Smith’s indictment, initiated by the U.S. Department of Justice, is constitutionally invalid, claiming it violates Article II of the U.S. Constitution.
“We are leading the fight against the Biden-Harris machine’s persistent attempts to prosecute their political rival — even after the case was dismissed,” said Moody. “Through a new multistate effort, we are urging the court to affirm the district court’s dismissal of DOJ Special Counsel Jack Smith’s indictment of former President Trump. We have a profound interest in ensuring that those responsible remain democratically accountable to the states’ citizens and in checking unprecedented abuses of executive power.”
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The brief stems from concerns over U.S. Attorney General Merrick Garland’s 2022 decision to appoint Jack Smith as an independent Special Counsel, tasked with investigating Trump. Unlike a traditional U.S. attorney, Smith operates with limited presidential oversight, which the coalition argues undermines presidential accountability and violates Article II.
In the amicus brief, Moody and the attorneys general argue that the regulations authorizing Smith’s powers allow him to act without appropriate executive oversight. “Smith acted under regulations that authorize the exercise of core executive power without full presidential control. This violates Article II, making his actions constitutionally invalid,” the brief states.
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The coalition contends that Smith’s appointment was meant to remove political accountability from the DOJ’s actions. The brief adds, “After President Trump announced his 2024 candidacy, the Attorney General appointed Smith to appear ‘independent’ of the current Administration.
This places unprecedented power in one individual, who can unilaterally decide significant political issues, such as indicting a former president and current presidential candidate. Article II does not permit such authority to be vested in an unelected officer like Jack Smith. The district court’s dismissal of the indictment should be affirmed.”
Attorney General Moody co-led this initiative alongside Iowa Attorney General Brenna Bird. Attorneys general from 19 states joined the effort, including Alabama, Alaska, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia.
The case now awaits a decision from the 11th Circuit on whether the DOJ’s indictment against Trump will remain dismissed.
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