Clarence Thomas put Jack Smith on notice with one brutal message that let him know it’s over

Photo by Trump White House Archived, via Flickr, CC BY-SA 2.0,

Jack Smith is watching his witch hunt against Donald Trump fall apart. 

Now he’s got the worst news possible about his job.  

And Clarence Thomas put Jack Smith on notice with one brutal message that let him know it’s over. 

Clarence Thomas says that Jack Smith’s appointment is unconstitutional 

The Supreme Court issued a 6-3 decision that granted former President Donald Trump immunity for official acts committed while in office.

Special Counsel Jack Smith was dealt a serious setback in his criminal case against Trump over January 6.

But that is just the beginning of his problems.

Justice Clarence Thomas questioned if Smith’s appointment as Special Counsel was Constitutional in his concurring opinion for the immunity case.

“Respecting the protections that the Constitution provides for the Office of the Presidency secures liberty. In that same vein, the Constitution also secures liberty by separating the powers to create and fill offices. And, there are serious questions whether the Attorney General has violated that structure by creating an office of the Special Counsel that has not been established by law,” Thomas wrote. “[T]hose questions must be answered before this prosecution can proceed.”

Thomas noted that Smith was a private citizen when Attorney General Merrick Garland appointed him as Special Counsel.

“But, I am not sure that any office for the Special Counsel has been ‘established by Law,’ as the Constitution requires. By requiring that Congress create federal offices ‘by Law,’ the Constitution imposes an important check against the President – he cannot create offices at his pleasure,” Thomas stated. “If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution.”

Thomas said as a private citizen that Smith has no power to criminally prosecute anyone.

Jack Smith’s appointment violated the Constitution’s Appointments Clause 

Thomas questioned if Smith’s appointment as Special Counsel violated the Constitution’s Appointments Clause because he was never confirmed by the Senate. 

“Even if the Special Counsel has a valid office, questions remain as to whether the Attorney General filled that office in compliance with the Appointments Clause,” Thomas wrote. “For example, it must be determined whether the Special Counsel is a principal or inferior officer. If the former, his appointment is invalid because the Special Counsel was not nominated by the President and confirmed by the Senate, as principal officers must be.”

Conservative legal scholars, including former Reagan Attorney General Ed Meese, have been pushing this argument to have Smith disqualified from the Trump case.

The Special Counsel’s office he heads has vast powers and a massive budget making it more powerful than a Senate-confirmed U.S. Attorney.

Smith never had a Senate confirmation vote before Garland installed him as Special Counsel.

District Court Judge Alieen Cannon – who’s presiding over Trump’s classified documents case – held a hearing over the constitutionality of Smith’s appointment.

A ruling against him would be the end of his ability to prosecute Trump in the case. 

Clarence Thomas provided a way to shut down Jack Smith’s rogue prosecution once and for all.

Stay tuned to Unmuzzled News for any updates to this ongoing story.

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