Justice Thomas Scrutinizes Jack Smith’s Special Counsel Appointment
Supreme Court Justice Clarence Thomas recently raised questions about the legality of special counsel Jack Smith’s appointment during oral arguments concerning presidential immunity claims made by lawyers for Donald Trump.
Thomas inquired if Trump’s legal team challenged Smith’s authority to bring charges against the president, given that Smith was appointed to the case by Attorney General Merrick Garland. John Sauer, representing Trump, acknowledged they hadn’t directly raised such concerns but highlighted the extraordinary prosecutorial power wielded by Smith, who was never nominated or confirmed by the Senate. Former Attorneys General Edwin Meese and Michael B. Mukasey submitted an amicus brief, asserting that Smith’s appointment was unlawful and that he lacked the authority to conduct the prosecution. Some analysts believe Trump’s legal team made compelling arguments before the Supreme Court, indicating a reluctance among justices to proceed with a trial before the November election.
