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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThomas uses Trump immunity ruling to question Jack Smith appointment
https://www.washingtonpost.com/national-security/2024/07/01/clarence-thomas-jack-smith-special-counsel-immunity/https://archive.ph/3183N
Thomas uses Trump immunity ruling to question Jack Smith appointment
Echoing a long-shot argument made by Donald Trumps attorneys in Florida, Justice Clarence Thomas said special counsels need Senate confirmation.
By Perry Stein
July 1, 2024 at 6:17 p.m. EDT
Supreme Court Justice Clarence Thomas tackled a question in his presidential immunity opinion Monday that Donald Trumps attorneys didnt bring before the nations highest court: Was special counsel Jack Smith legally appointed?
Thomas joined his fellow conservative justices on a blockbuster majority opinion that expanded the definition of presidential powers and narrowed the scope of Trumps D.C. election interference trial.
He also wrote a concurring opinion that delved into the separate question of whether Attorney General Merrick Garland violated the Constitution when he appointed Smith in November 2022 to oversee the two federal prosecutions of Trump.
Thomas argued both that the special counsels office needs to be established by Congress and that Smith 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.
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Thomas uses Trump immunity ruling to question Jack Smith appointment (Original Post)
dalton99a
Jul 2024
OP
Sorry Thomas, the USSC ruled that an energetic Executive is immune in its own field
sanatanadharma
Jul 2024
#3
Walleye
(44,594 posts)1. Clarence thinks he deserves total immunity too
bucolic_frolic
(54,885 posts)2. Law Whisperer
sanatanadharma
(4,088 posts)3. Sorry Thomas, the USSC ruled that an energetic Executive is immune in its own field
The DOJ is under the executive branch and Biden can manage as he desires within the laws.
The Attorney General, doing executive work, is immune from 2nd guessing.
Thomas is worrying about what "may violate our constitutional structure" is a laugh.
ProudMNDemocrat
(20,847 posts)4. If that were the case, Clarence....
There would be NO Special Counsels.