Special counsel Jack Smith told the judge in the classified documents case in Florida that Supreme Court Justice Clarence Thomas’ criticism of his appointment should have no bearing on the criminal case against former President Donald Trump.
In a brief filing Friday, Smith said that Thomas’ writing in the presidential immunity case – in a concurrence that no other justice joined – isn’t binding on US District Judge Aileen Cannon. Nor does it provide “a sound basis to deviate from the uniform conclusion of all courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,” Smith said.
Trump’s legal team told Cannon that Thomas’ concurrence bolstered the former president’s arguments for dismissing the charges in Florida on the basis that Smith was illegally appointed and that the funding of his office violates the Constitution. In response on Friday, Smith said that he agreed with Trump that both sides should file more briefing on how the high court’s immunity ruling affects the documents case.
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