Attorney General Ken Paxton Files Amicus Brief Supporting President Trump, Arguing Special Prosecutor Jack Smith Was Illegally Appointed by Biden-Harris DOJ (11/04/24)
Ken Paxton again stands for citizens, Texas, and America.
Key points of the brief:
Biden-Harris Administration’s special prosecutor Jack Smith appointment directly implicates Texas’s fundamental interest in preventing unlawful federal action.
DOJ claims that the U.S. Attorney General—acting without any statutory guidance from Congress—may empower a private individual (Smith) to spend tens of millions of dollars to enforce federal criminal laws.
Appointing a “special prosecutor” triggers the principle of constitutional avoidance. The Constitution requires Congress to provide meaningful guidance when empowering federal agencies to choose between two available enforcement paths; the statutes DOJ cites provide no guidance at all.
