Justice Thomas Raises Scrutiny on Special Counsel Jack Smith’s Appointment in Trump Hearing

Smith was ‘never nominated by the president or confirmed by the Senate at any time,’ Trump’s lawyer pointed out.
Justice Thomas Raises Scrutiny on Special Counsel Jack Smith’s Appointment in Trump Hearing
(L) Special counsel Jack Smith in Washington, on Aug. 1, 2023; and (R) former U.S. President Donald Trump in Palm Beach, Fla., on Nov. 8, 2022. Saul Loeb, Eva Marie Uzcategui/AFP via Getty Images
Naveen Athrappully
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U.S. Supreme Court Justice Clarence Thomas has asked former President Donald Trump’s lawyers about whether they challenged special counsel Jack Smith’s authority to bring charges against the president.

On April 25, the U.S. Supreme Court heard oral arguments in a case about President Trump’s being immune from prosecution for official acts carried out during his presidency. During the hearing, Justice Thomas asked John Sauer, the attorney who represented President Trump in court, “Did you, in this litigation, challenge the appointment of special counsel?” Mr. Smith was appointed to the case by Attorney General Merrick Garland.