Justice Clarence Thomas intervened after Supreme Court Chief Justice John Roberts vacated the special counsel’s assault on presidential immunity, avoiding a constitutional crisis. He sent it up to the same appeals court judges who had the original issue. Thomas sighted in the fundamental propriety of the particular lawyer’s office with his rhetorical sniper rifle and fired what he believed would be a kill picture.  ,
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The resistance choice is a win for Trump in the lawfare functioning being run against him in Georgia and New York, aside from officially inerting the D.C. January 6 circumstance against Donald Trump. Trump’s reasoning that Jack Smith’s nomination as special counsel is unlawful is further strengthened by Thomas’s consent.  ,
” In this case, there has been much debate about ensuring that a President ‘ is hardly above the legislation,'” he wrote in his mind, which concurred with the 6- 3 bulk upholding political immunity. ” But”, he continued,” as the Court explains, the President’s immunity from prosecution for his official acts is the law” . ,
The propriety of the special counsel’s office was next dismantled by Thomas, who then launched a multi-page dismantling. It was a” Gee since we’re talking about that whole becoming- above- the- rules discussion, let’s talk about the propriety of the particular lawyer’s office” moment.  ,
Thomas wrote,” I write separately to show another possible constitutional violation this trial might have.”  ,
The Attorney General allegedly appoints a private member as Special Counsel to prosecute a past leader on behalf of the United States in this case. However, he continued, citing broad case legislation that Attorney General Merrick Garland claimed supported his choice to appoint Smith and that no company for the Special Counsel had been “established by Law,” as the Constitution requires.  ,
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But Thomas slapped it down. Smith’s appointment as special counsel was not authorized by the Department of Justice. Thomas wrote,” A private citizen cannot criminally prosecute anyone, let alone a former President. In the more than 200 years since our nation’s founding, no former president has been the subject of criminal prosecution for his actions while in office.
According to Thomas, “it must be conducted by someone duly authorized by the American people” if this unprecedented prosecution is to continue. ” The lower courts]New York, Georgia, D. C. Circuit, Florida ] should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding” . ,
He remarked that “none of the statutes cited by the Attorney General appears to create an office for the Special Counsel, and especially not with the clarity typical of previous statutes used for that purpose.”
Thomas continued,” Before the President or a Department Head can appoint any officer, however, the Constitution requires that the underlying office be” established by Law.”
He also noted”, By keeping the ability to create offices out of the President’s hands, the Founders ensured that no President could unilaterally create an army of officer positions , to then fill with his supporters. Instead, our Constitution opines to the electorates of the people to decide whether or not new executive offices should be established.
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Thomas’s concurrence is n’t binding, but it’s like a boss giving you a piece of advice on how to do your job.  ,
The head of Merrick Garland’s federal” Get Trump Wet Work “team, Jack Smith, is already on tenuous ground. He has thrown out norm after norm in his efforts to raid former president Trump’s home, piercing his attorney-client privilege, working with local and state government attorneys to create the lawfare strategy against the former president, and then challenging the long-held notion that this former president enjoys immunity from prosecution for his actions as president. The question of whether Jack Smith’s appointment as special counsel is even legal is another.  ,
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The constitutional crisis that Jack Smith so wildly and recklessly plunged this nation into was avoided by Monday’s decision.  ,
He should be fired immediately.  ,
