Special Counsel Jack Smith took a massive loss earlier this year when his appointment to the position was ruled unconstitutional by a judge overseeing one of the cases he's pursuing against former President Donald Trump.

According to Fox News, Rep. Matt Gaetz (R-FL), one of Trump's top allies in Congress, is now questioning the legitimacy of Smith's appointment in all cases against Trump.

The Florida lawmaker recently penned a letter to U.S. Attorney General Merrick Garland and questioned Smith's authority in pursuing cases against Trump in the wake of the judge's ruling.

Gaetz essentially asked Garland for solid proof that Smith has the authority and ability to continue to prosecute Trump.

The letter

In his letter to AG Garland, Gaetz explained why he believes Smith can no longer go after Trump.

Florida-based U.S. Judge Eileen Cannon ruled earlier this year that since Smith wasn't confirmed by the Senate, his authority as special counsel was unconstitutional.

"On August 27, 2024, Special Counsel Jack Smith filed a superseding indictment against former President Donald Trump in federal district court in the District of Columbia. One day later, he was arguing before the 11th Circuit Court of Appeals, attempting to overturn a federal district judge’s finding that he was unlawfully appointed by you," the Florida Republican wrote.

Gaetz added, "It is unclear what authority Special Counsel Smith has to file either of these briefs or to provide services to the Department of Justice."

Fox News noted:

Smith filed a response with the 11th Circuit Court of Appeals, arguing Cannon was wrong in her assessment of the special counsel role, arguing "precedent and history" were on his side, as well as a "long tradition of special-counsel appointments by Attorneys General and Congress’ endorsement of the practice."

While that legal battle was in progress, Smith filed a superseding indictment "in a separate probe he is conducting into the ex-president, investigating whether Trump conspired to overturn the 2020 election."

Gaetz took issue with that in his letter, and he also questioned Smith's amended original indictment which was modified in the wake of the U.S. Supreme Court's immunity ruling.

Social media reacts

Users across social media reacted to Gaetz's announcement that he sent Garland a letter.

"Unconstitutional !! Jack Smith has no legal authority to look at anything for President Trump! He’s not even an employee of the government! Why is he looking at classified material?? HELLO!!??" one X user wrote.

Another X user wrote, "Jack Smith. He has no standing. The DOJ appointment was illegal. The DOJ is now on the hook for billions. Merrick Garland committed treason. There is no grey area."