Today, The Two Mikes welcomed Geoff Shepard, America’s foremost authority on Watergate, back to the program to discuss document authored for the Supreme Court’s consideration by President Reagan’s Attorney General, Edward Meese and his associates Steven Calibrese and Gray Lawson.

The document – called an amicus brief – argues that the Biden Administration’s chief Special Prosecutor in the multi-prong effort to find some way to jail Donald Trump is not qualified to hold that position. Why? Well, the why has nothing to do with his university credentials or his admission to the bar. Rather, Meese’s argument pivots off several points.

The first is that although Mr. Smith was an employee of the Department of Justice at the time of his appointment, he was not serving there as an attorney. Because of this fact, Meese argues, that Smith was required to have the Senate’s approval by vote before he can serve to as special prosecutor, and that without it he is disqualified to serve as such (NB: Mr. Shepard points out that the Biden Administration also failed to request the Senate’s sanction for Robert Mueller to serve as the special prosecutor for the case against Trump on the Russia issue.)

Mr. Shepard noted that the appointments clause of Article III of the U.S. Constitution is a bit vague, but it seems to suggest that Meese’s document may be on point, on the basis of both the Article III clause and other federal law. In any event, Mr. Shepard concluded, Meese’s document has some merit and appears to present a serious requirement for a hearing before the Supreme Court. ---Mr. Shepard's website is at: https://www.shepardonwatergate.com --Mr. Shepard’s authoritative three-volume dissection of the Watergate Affair is available at Amazon and many other booksellers.


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