Alan Wilson and Donald Trump Photo: Alan Wilson Instagram
Republican Attorneys General Push to Dismiss Trump Indictment, Misinterpret Constitution in Defense of Party’s Candidate
COLUMBIA, S.C. – South Carolina Attorney General Alan Wilson has joined a coalition of Republican attorneys general urging the U.S. Court of Appeals for the 11th Circuit to uphold the dismissal of an indictment against former President Donald Trump. The indictment, brought by U.S. Department of Justice (DOJ) Special Counsel Jack Smith, alleges Trump’s involvement in attempts to overturn the 2020 election results, such as the insurrection at the Capital. The coalition argues that Smith’s role as Special Counsel violates constitutional principles, specifically that the U.S. Attorney General lacks authority to delegate executive power to a special prosecutor.
“Our argument is pretty simple—the Constitution does not give the U.S. Attorney General the authority to give executive power to a special prosecutor like Jack Smith,” Wilson stated, asserting that any charges from Smith should be dismissed.
Yet constitutional and legal experts argue that Wilson’s interpretation is fundamentally flawed. The Constitution grants the executive branch broad authority to enforce federal laws, and DOJ regulations enable the Attorney General to appoint special counsel in cases where there are conflicts of interest or the need for impartiality in politically sensitive cases.
§ 600.2 Alternatives available to the Attorney General: When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may: (a) Appoint a Special Counsel.
Understanding the Constitutional Basis for Special Counsel
The Constitution’s Article II grants executive power to the President, which includes oversight of federal law enforcement, typically managed through the Attorney General and the Department of Justice. Federal regulations, notably under 28 CFR § 600, authorize the Attorney General to appoint special counsel with independent prosecutorial authority, precisely for high-stakes cases where objectivity and public trust are paramount. In such cases, the Attorney General retains oversight to ensure lawful conduct while preserving special counsel independence.
Special Counsel Jack Smith’s appointment by Attorney General Merrick Garland in 2022 aligns with longstanding DOJ protocols, dating back to past administrations where special counsel was appointed to handle sensitive investigations involving political figures. Claims by Wilson and the coalition ignore the fact that Congress and the DOJ specifically crafted these rules to promote accountability and avoid conflicts of interest in complex investigations.
Trump’s Extensive Legal Challenges: Civil and Criminal
Trump’s legal troubles go beyond the indictment in question, including a slew of criminal and civil cases. Despite claims by Wilson and other AGs, Trump faces multiple indictments, reflecting a broad spectrum of alleged wrongdoing:
- Classified Documents Case: Trump was indicted by a federal grand jury in Florida on charges related to his handling of classified documents after leaving office. The case includes 37 counts involving willful retention of national defense information, obstruction, and false statements.
- Election Interference in Georgia: Trump was indicted in Fulton County, Georgia, on charges related to efforts to overturn the 2020 presidential election results, including racketeering and solicitation to violate an oath by a public officer. This state-level indictment is separate from federal cases and involves other Trump associates.
- January 6th Case: Trump faces federal charges related to his actions surrounding the January 6th Capitol attack, including conspiracy to defraud the United States and obstruction of an official proceeding. Special Counsel Smith leads this investigation, aiming to uphold accountability for the attack’s orchestration.
- Civil Fraud Case in New York: Trump and his business were found liable in a civil case brought by the New York Attorney General, alleging that Trump inflated the value of his assets to secure better financial deals. The case is ongoing, but a judge has already ruled that Trump committed fraud.
- Defamation and Sexual Abuse Case: Trump was found liable for defamation and sexual abuse in a lawsuit brought by writer E. Jean Carroll, resulting in a significant financial judgment.
The Republican attorneys general backing Trump’s defense selectively overlook these legal realities, instead framing the special counsel’s authority as a constitutional overreach. However, Trump’s multiple indictments reflect a judicial process that has been consistent and thorough across state and federal jurisdictions, applying the rule of law impartially.
Deaths and Casualties at the January 6th Insurrection
The January 6, 2021, attack on the U.S. Capitol resulted in deaths, numerous injuries, and significant trauma for many individuals, including law enforcement officers and civilians. Here is a breakdown of those who died or were injured in connection with the event:
- Total deaths directly on January 6: 4 civilians.
- Law enforcement officer death the following day: 1 (Brian Sicknick).
- Law enforcement suicides post-event: 4 officers.
- Law enforcement officers injured: Approximately 140.
The January 6 event at the Capitol had lasting physical and psychological effects on law enforcement personnel and other individuals present. The attack underscored the risks faced by law enforcement officers and the severe impact of such incidents on those who defend public institutions. Do these 19 Attorneys General believe that Donald Trump’s pseudo insurrection should not be held accountable for these deaths and injuries?
This isn’t the first time South Carolina Attorney General Alan Wilson has stuck up for Trump, now a convicted felon is New York. In May of 2024 Wilson travelled to New York City to publicly defend the now convicted felon. Trump has also been indicted on federal charges of Conspiracy to Defraud the United States, Conspiracy to Obstruct an Official Proceeding, Obstruction of and Attempt to Obstruct an Official Proceeding, Conspiracy Against Rights.
Would AG Wilson defend a normal South Carolina citizen accused of these crimes? As of November 4, 2024, at least 11 individuals from South Carolina have been arrested in connection with the January 6, 2021, attack on the U.S. Capitol. Among these, five have pleaded guilty to charges related to the incident. To our knowledge, Wilson has not made any plea to any court for their appeal.
Politically Motivated Defense of Trump?
The coalition of attorneys general from 19 states, including Alabama, Florida, and Tennessee, argues that the DOJ’s appointment of Smith strips the investigation of accountability. But many legal experts contend that the coalition’s stance is more about political loyalty than legal validity. By challenging Smith’s legitimacy, the coalition seeks to undermine a federal case against the GOP’s leading 2024 candidate, despite clear DOJ regulations allowing for special counsel appointments.
The amicus brief filed by the coalition contends, “Article II does not give the Attorney General the authority to vest executive power in Jack Smith,” and it argues that the DOJ regulations enabling his appointment violate the Constitution. However, the Supreme Court has historically upheld the DOJ’s authority to operate within its regulations, including special counsel appointments to manage politically sensitive cases independently.
Legal Implications and the Importance of an Impartial DOJ
If the coalition succeeds in invalidating Smith’s authority, it would set a precedent that limits the DOJ’s ability to independently investigate executive misconduct. Critics argue that such an outcome would erode the checks and balances designed to prevent abuses of power, especially when investigations involve high-level government officials.
Trump’s ongoing legal challenges underscore the importance of upholding DOJ independence to maintain public trust in impartial investigations. While Republican attorneys general rally to protect their party’s candidate, constitutional scholars emphasize that the DOJ’s regulations, developed with bipartisan support, exist to ensure transparency and fairness.
As the U.S. Court of Appeals for the 11th Circuit considers the coalition’s arguments, the outcome could have profound implications for the rule of law and the accountability of public officials. Whether the court upholds or dismisses the indictment, Trump’s extensive legal battles underscore the complexity of enforcing justice without political interference.
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