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IPFS News Link • Justice and Judges

Jack Smith Lacks Standing to File in the Supreme Court Because He is Only a Private Citizen

• Reason

Private citizen Jack Smith lacks standing to petition the Supreme Court for a writ of certiorari before judgement in United States v. Trump for the same reason I do.  Jack Smith is in the eyes of the Supreme Court a private citizen not an officer of the United States.  Standing issues need not be raised by the parties to a case nor can they be waived.  The Supreme Court justices must address them sua sponte.

The Supreme Court in United States v. Nixon overlooked Leo Jaworski's lack of standing because, if one consults the briefs in that case, one will find that no party ever raised the issue.  The Court cursorily assumed Jaworski was legally appointed without ever examining the issue raised by me, former Attorney General Ed Meese, and Professor Gary Lawson.  We discuss this issue at length in Steven G. Calabresi & Gary Lawson, Why Robert Mueller's Appointment as Special Counsel Was Unlawful, 95 Notre Dame Law Review 87, at pp. 118-125 (2019).  The D.C. Circuit and District Courts have declined to readdress this issue because of erroneous precedent in the D.C. Circuit, which does not bind the Supreme Court,  and in which the standing issue was never raised. See id., at 125-127.


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