Mike Davis commented on Wednesday’s WarRoom about Special Counsel Jack Smith and the broader legal and political battles facing the Trump campaign. During a discussion with Natalie Winters, Davis criticized Smith’s appointment and actions, highlighting constitutional issues.

“Judge Eileen Cannon correctly ruled that Jack Smith’s appointment as a special counsel violated the Appointments Clause and the Appropriations Clause of the Constitution because the special counsel office was just made up,” Davis stated.

He explained that the special counsel’s office, unlike the independent counsel office previously established by statute, lacks proper oversight and has an unlimited budget, making it unconstitutional.

Davis expressed confidence that these constitutional issues won’t be resolved before the 2024 election despite Smith’s and the Biden administration’s appeals. “President Trump’s acting attorney general should dismiss these cases on day one, fire Jack Smith, and open an investigation into his weaponization of the Justice Department to go after Biden’s political enemies,” Davis asserted. He emphasized the need for accountability and justice, not retribution, as central to Trump’s potential second term.

Davis recently delivered pointed remarks on Jack Smith’s legal maneuvers and the imperative for Republican unity in the face of what he perceives as a highly politicized Department of Justice. Davis, a frequent and outspoken guest on WarRoom, thoroughly critiqued Smith’s actions and highlighted the constitutional implications of the ongoing legal battles involving Trump.

Davis argued that Judge Eileen Cannon’s decision to rule against Jack Smith’s appointment as Special Counsel was correct, citing constitutional violations. “Jack Smith’s appointment of a special counsel violated the Appointments Clause and the Appropriations Clause of the Constitution because the Special Counsel’s office was not created by statute, as required,” Davis explained. This critique underscores a broader concern about the unchecked power of such appointments, which Davis believes lacks the necessary oversight and legitimacy.

He emphasized that the creation of the Special Counsel’s office was an overreach by the Department of Justice. “The Justice Department wanted to keep the ability to appoint special counsels without the constraints of statutory creation,” he said. According to Davis, this lack of day-to-day supervision by Senate-confirmed officers and an unlimited budget renders such positions unconstitutional.

Davis also highlighted the timing of these legal maneuvers, suggesting they are politically motivated. “Jack Smith and the Biden Justice Department are going to appeal, but guess what? That’s not going to get resolved before the election,” he remarked. This timing, Davis suggested, is intended to keep President Trump embroiled in legal battles during a critical election period, thereby impacting his campaign.

Furthermore, Davis called for President Trump to take decisive action if re-elected. “On January 20th, his acting Attorney General should dismiss these cases on day one, fire Jack Smith, and open an investigation into Smith’s weaponization of our Justice Department,” he declared. This statement reflects a broader sentiment among Trump’s supporters, who view these legal challenges as politically motivated attacks rather than legitimate prosecutions.

In addition to his critique of Jack Smith, Davis stressed the importance of unity within the Republican Party to effectively combat what he views as systemic bias within the justice system. “We are a united and strong Republican party,” Davis asserted, contrasting this with his view of the Democrats as “divided and weak.” He argued that such unity is crucial for implementing a robust agenda and ensuring accountability.

For more context, watch:

Davis: President Trump’s Acting AG Should Open Investigations Into Jack Smith