On what basis — if any — does Jack Smith have his legitimate authority?
It’s a question so simple that most people have never thought to answer it. Imagine if the main criminal cases against Trump were thrown out even before they go to trial?
Could a mistake made by Team Biden trigger that result? That’s an open question.
The fact that the hiring of Jack Smith as prosecutor required bringing in someone who was NOT working under the umbrella of the DOJ, it raises an important process question.
By what authority was he given his, well, authority?
Clearly, Biden and Garland are not free to hire any schlub who wanders in off the street. There is a vetting process and that process is designed to involve an up-or-down vote by the Senate.
DC judges are so hopelessly partisan, there’s no hope in raising that issue before a judge.
But in Florida? The question Tom Fitton is raising might be considered on its merits.
Depending on how that question is answered, it could provide a basis for every criminal case Smith has raised against Trump — and much of the evidence he has collected — to be thrown out.
If that happens, the election interference play fails before it gets off the ground and it’s a whole new ballgame.
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