Justice Thomas Signals That Jack Smith’s Troubles in Trump Prosecution Could Worsen

A concurrence from the court’s senior justice suggests that he is alert to the issues in the challenges to the special counsel’s appointment.

Drew Angerer/Getty Images
Associate Supreme Court Justice Clarence Thomas speaks at the Heritage Foundation on October 21, 2021 at Washington, DC. Drew Angerer/Getty Images

Justice Clarence Thomas’s concurrence in Trump v. United States not only affirmed the majority’s ruling that a former president is  “presumptively immune” for official acts. It also ratchets up judicial attention on Special Counsel Jack Smith’s appointment, an issue that hangs in the balance before Judge Aileen Cannon. Is Justice Thomas sending a constitutional bat signal?  

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