Clarence Thomas sent one message to Jack Smith that will leave you speechless

Jack Smith’s lawfare against Donald Trump was supposed to be Joe Biden’s firewall in the 2024 Election.

But he got some bad news.

And Clarence Thomas sent one message to Jack Smith that will leave you speechless.

Supreme Court immunity decision could affect another Trump witch hunt

The Supreme Court issued a decision that former President Donald Trump possessed immunity from prosecution for official acts in office that immediately affected the January 6 political persecution.

That was the case before the court.

But the justices’ decision could also endanger Special Counsel Jack Smith’s other sham case against Trump in the Mar-a-Lago documents case.

That’s because of Justice Clarence Thomas’ concurring opinion that concerned the matter that Attorney General Merrick Garland unconstitutionally appointed Jack Smith which is currently before Judge Aileen Cannon, who is presiding over the documents case.

Justice Thomas wrote that he wanted to “highlight another way in which this prosecution may violate our constitutional structure.”

He wrote that the immunity decision protected the separation of powers.

“In this case, there has been much discussion about ensuring that a President ‘is not above the law.’ But, as the Court explains, the President’s immunity from prosecution for his official acts is the law. The Constitution provides for ‘an energetic executive,’ because such an Executive is ‘essential to… the security of liberty,'” Thomas added.

Thomas also argued that Smith’s selection as a Special Counsel violated the Appointments Clause.

“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.”

The appointments clause

Smith’s appointment as Special Counsel is in jeopardy because of the Constitution’s Appointment Clause which reads:

“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

There is no statute that creates the office of Special Counsel.

Smith wasn’t currently in a position that required President Joe Biden to nominate him and the Senate to confirm him.

Trump’s lawyers made the argument to Judge Cannon that Smith was merely a private citizen with no authority to charge him since his appointment didn’t fit with the Constitutional parameters.

And Clarence Thomas provided Judge Cannon a road map to toss Smith’s appointment.