 Attorney General Merrick Garland had appointed Smith back in 2022, and Trump's lawyers have been arguing that he did not have the right to do that. He said the Appointments Clause of the Constitution, quote, does not permit the Attorney General to appoint, without Senate confirmation, a private citizen and like-minded political ally to wield the prosecutorial power of the United States. As such, Jack Smith lacks the authority to prosecute this action. Now, this is different.