The Supreme Court’s ruling on former President Donald Trump’s immunity appeal made it all but certain no trial will take place before the election — and increasingly likely special counsel Jack Smith’s appointment will be deemed unlawful.
In a concurring opinion, Justice Clarence Thomas questioned the constitutionality of Smith’s appointment, writing that the lower courts should “answer these essential questions” before proceeding. Meanwhile, U.S. District Court Judge Aileen Cannon has received criticism for her approach to Trump’s classified documents case, where she is weighing the constitutionality of Smith’s appointment.
“While the Supreme Court’s ruling on Presidential immunity in US v Trump was the headliner this week, what may bode even worse for Special Counsel Jack Smith is what lies within Justice Thomas’ concurring opinion,” former federal prosecutor Joseph Moreno told the Daily Caller News Foundation. “The ultimate issue may not be what types of charges Smith can bring against Trump, but instead whether Smith has the authority to supervises these cases at all.”
“This issue is already before Judge Cannon in Smith’s classified documents case against Trump, but Justice Thomas’ decision makes it all the more likely this issue will soon be front and center and possibly before the full Supreme Court,” Moreno continued.
The court held Monday in Trump v. United States that presidents have at least “presumptive immunity” for all official acts and “absolute” immunity for actions pertaining to the “exercise of his core constitutional powers.” Trump had sought to dismiss his Jan. 6 case in Washington, D.C., based on presidential immunity, but the lower courts declined to find he had immunity.
George Washington University law professor Jonathan Turley wrote after the ruling on Monday that the decision “reminds citizens that it is more important to get these questions answered right than fast.”