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“What if the rights and principles guaranteed in the Constitution have been so distorted in the past 200 years as to be unrecognizable by the Founders? What if the government was the reason we don’t have a Constitution anymore? What if freedom’s greatest hour of danger is now?” -- Andrew P. Napolitano
In one of four motions, attorneys for the former president contend that neither the U.S. Constitution nor Congress had officially established the special counsel’s office, rendering Mr. Smith’s appointment invalid.
Furthermore, they argue that the special counsel’s office is being funded “off the books” by the Biden administration.
The motion, which cites the Appointments Clause, argues that Attorney General Merrick Garland did not have the authority to appoint a “like-minded political ally” as special counsel “without Senate confirmation.”
“As such, Jack Smith lacks the authority to prosecute this action,” the motion reads.
President Trump’s lawyers argue that the only remedy is to dismiss the superseding indictment.
The Appointments Clause stipulates that all federal offices, except for the president’s, must be established by Congress and appointed with the advice and consent of the Senate. This is with the exception of federal offices created through the Necessary and Proper Clause, which empowers Congress to make laws necessary and proper for carrying into execution the powers vested in the government.
“There is, however, no statute establishing the Office of Special Counsel,” the motion reads.
“As a result, because neither the Constitution nor Congress have created the office of the ‘Special Counsel,’ Smith’s appointment is invalid and any prosecutorial power he seeks to wield is ultra vires,” meaning beyond his authority
Event organizer Joni Bryan told The Epoch Times she is happy that the program supporting her Constitution-awareness group, the 917 Society, is getting more exposure. The group is named after Constitution Day, Sept. 17.
But—spoiler alert—Ms. Bryan asserts: the former Hawaii congresswoman’s March 7 appearance at the ritzy resort in Palm Beach, Florida, is unrelated to President Trump’s big announcement involving Ms. Gabbard and others.
On Feb. 20, President Trump, the frontrunner for the Republican presidential nomination, revealed at a Fox News town hall in Greenville, S.C., that Ms. Gabbard, a former Democrat, had made his “short list” of possible running mates.
Long before that revelation, Ms. Bryan had been in contact with Ms. Gabbard about serving as a guest speaker for the group’s annual gala.
Online, some people have suggested that, by appearing at Mar-a-Lago, Ms. Gabbard was becoming more directly aligned with President Trump’s “Make America Great Again” (MAGA) movement.
That may or may not be the case, Ms. Bryan said, adding, “We want every American to be proud of the Constitution. That’s not a MAGA thing. That’s an American thing.”
Personal Meeting With 45
Ms. Gabbard made an unsuccessful run for president in 2020 as a Democrat, when former Vice President Joe Biden became her party’s nominee. He went on to be declared the victor of the matchup with President Trump, an outcome that many dispute to this day.
In 2022, Ms. Gabbard quit the Democratic Party because she was fed up with its increasingly radical, “woke” ideology. In recent months, Ms. Gabbard has been critical of Democrats’ various attempts to keep President Trump off the 2024 general election ballot.
Adding fuel to the VP speculation, Ms. Gabbard spoke of her admiration for the former president during a Feb. 22 speech at the Conservative Political Action Conference near Washington, D.C.
She said President Trump’s sole remaining GOP challenger, former United Nations ambassador Nikki Haley, has cast President Trump in a false light.
“She claims that President Trump only cares about himself and that he’s doing all that he’s doing only for himself,” Ms. Gabbard said. “If that were the case, wouldn’t he just walk away from all this? Walk away from the headaches and the attacks, and all the stress that he’s enduring right now?”
Ms. Gabbard said she has met with the 45th president and has spoken with him “at length.” She also said she has witnessed “his heartfelt interactions” with her military friends
Claire's Observations: One thing this article fails to mention, is Gabbard's Service in the Hawaii National Guard. As reported at Google.com: "Gabbard served in a field medical unit of the Hawaii Army National Guard while deployed to Iraq from 2004 to 2005 and was stationed in Kuwait from 2008 to 2009 as an Army Military Police platoon leader."
This lady is very bright, and has seen war - and its results - up close, and personal. This is why her choice as Trump's VP, would be an excellent choice, not only for the ticket, but also for this country.