Justice Clarence Thomas on Monday raised bold questions about the constitutionality of Jack Smith ‘s appointment as special counsel to prosecute the 2020 election interference case against former President Donald Trump , a question closely tied to a pending dispute in his Florida case.
The Supreme Court issued a 6-3 decision in favor of Trump’s bid to claim immunity for “official acts” in a case stemming from Smith’s four-count indictment against the former president related to his conduct around the time of the Jan. 6, 2021, riot at the Capitol. In an opinion concurring with Chief Justice John Roberts ‘s majority decision, Thomas queried whether Smith was legally appointed by Attorney General Merrick Garland .
Thomas, who was nominated by President George H.W. Bush 33 years ago this week, wrote that Smith was not a Senate-confirmed U.S. attorney, which could undermine Smith’s prosecutions, including in the Mar-a-Lago case over classified documents…