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“If there is no law establishing the office that the special counsel occupies, then he cannot proceed with this prosecution,” Thomas wrote. “A private citizen cannot criminally prosecute anyone, let alone a former president.”
Smith has previously clashed with Judge Cannon over several issues, including her directive to remove excessive redactions from evidence against Trump. In April, Smith pressured Cannon to expedite favorable jury instructions or face an immediate appeal. Trump’s legal team has echoed similar sentiments, arguing that Smith should have received Senate approval before being authorized to oversee cases involving classified documents and the January 6th Capitol riots. Smith, on the other hand, maintains that the Constitution’s appointments clause allows the Attorney General to appoint “inferior officers” like himself.
Thomas refuted this, suggesting that a special counsel does not qualify as an “inferior officer” unless a statute specifically created the office and empowered the Attorney General to fill it.
Given Thomas’s recent concurring opinion, critics might claim that his stance is biased. Over the years, Thomas has faced scrutiny for accepting luxurious vacations from conservative donors, although he insists these relationships have not influenced his judicial decisions. His wife, Ginni Thomas, has also come under fire for urging President Trump to remain in office following the 2020 election and before the January 6th incident.
This development opens new legal debates about the appointment and authority of special counsels, potentially impacting the prosecution of high-profile figures like Trump. The former president’s defense team is likely to seize on Thomas’s arguments to bolster their case for dismissing Smith.
The lower courts now face the critical task of determining the legality of the special counsel’s appointment, a decision that could set a significant precedent for future cases involving presidential immunity and the appointment of special prosecutors.
Carry 46 rounds concealed? (comfortably)
As the legal battle unfolds, the implications of Thomas’s opinion could resonate beyond Trump’s current cases, potentially reshaping the landscape of presidential immunity and the powers of special counsels in the American judicial system. This situation underscores the ongoing tensions and complexities within the highest echelons of U.S. politics and law, highlighting the intricate balance between legal interpretations and political implications.
