Justice Clarence Thomas: Special Counsel Appointment ‘Unconstitutional’

Supreme Court Justices Say "Leak Information" Coming Soon

(ConservativeInsider.org) – The United States Supreme Court released a major decision about former President Trump’s immunity case on Monday, July 1. In the decision, Justice Clarence Thomas questioned whether the appointment of Jack Smith to Special Counsel was constitutional.

In the 6-3 majority ruling, the Court determined that a sitting president has “substantial immunity” for official acts while they are in office, allowing lower courts to establish which of Trump’s actions were official. The ruling stated that while a President is “not above the law,” Congress is not allowed to “criminalize” actions of the President, as the founding fathers always intended for the Executive branch to be independent.

In his concurring opinion, Justice Thomas questioned if the appointment of a Special Counsel to the case by Attorney General Merrick Garland was a violation of the Constitution due to the fact that the office of the Special Counsel was not “established by law.” Thomas stated that for an office to be created “by law,” it must be approved by Congress, the legislative branch of our government. Smith’s appointment to Special Counsel was not approved by Congress, leading Thomas to believe the appointment itself was not within Constitutional bounds.

Thomas added that Smith is a private citizen. Private citizens are not legally able to prosecute anyone, but especially not a former President. The Justice also stated that no president in the history of our nation has ever been criminally prosecuted despite the fact that many Presidents have done things that would “constitute crimes.” If a former President is to be prosecuted, Thomas argued, the prosecution would need to be headed by someone “duly authorized” to conduct the legal case.

The charges against Trump revolve around whether he was involved in the riot at the Capitol on January 6, 2021, as well as alleged election interference. Trump pleaded not guilty to all of the charges against him, citing presidential immunity as reasoning why he should not be charged.

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