Payam Javan: Former Attorney General Edwin Meese and two scholars filed an amicus brief with the Supreme Court challenging the constitutionality of the Department of Justice’s appointment of special counsel Jack Smith.

The brief argues that Smith lacks the authority for his appointment, and Attorney General Merrick Garland exceeded his authority in appointing him. The filing contends that statutes and the Constitution do not permit the appointment of a private citizen, unconfirmed by the Senate, as a special counsel.

President Trump’s attorneys also urged the Supreme Court to reject Smith’s petition, suggesting the U.S. appeals court system handle the appeal.