Justice Clarence Thomas questions the constitutionality of Special Counsel Jack Smith's appointment in a concurring opinion to a Supreme Court decision on presidential immunity. Thomas argues that Smith's appointment may violate the Appointments Clause of the Constitution, raising concerns about the legality of the prosecution of President Donald Trump by Smith. Thomas suggests that lower courts need to address these issues before the prosecution can proceed.
Key Points
Smith's appointment by Attorney General Merrick Garland as Special Counsel is called into question
Thomas argues that Smith's appointment may not comply with the Appointments Clause of the Constitution
The potential impact of Thomas's opinion on ongoing prosecutions of President Donald Trump by Smith
Pros
Justice Thomas provides a detailed legal analysis of the constitutionality of Special Counsel Jack Smith's appointment
Raises important questions about the separation of powers and the authority of the Executive Branch
Cons
The validity of Smith's appointment and the implications for ongoing prosecutions are under scrutiny