Thomas uses Trump immunity ruling to question Jack Smith appointment

“The Special Counsel’s appointment is invalid unless a statute created the Special Counsel’s office and gave the Attorney General the power to fill it ‘by Law,’” Supreme Court Justice Clarence Thomas wrote Monday.

needed to be confirmed by the Senate. He said he tacked on his concurring opinion to the immunity ruling to “highlight another way in which this prosecution may violate our constitutional structure.”“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.

It takes four of the nine justices to decide to take up a case, and it is unclear based on Thomas’s solo concurrence whether he has any support.from Trump’s election-interference case because his wife, Virginia “Ginni” Thomas, was involved in the effort to overturn the 2020 election results.

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