Written by Ashton Snyder on
 July 2, 2024

Clarence Thomas Raises Concerns Over Jack Smith's Appointment in SCOTUS Immunity Ruling

The Supreme Court issued a ruling that had significant implications for presidential immunity and the appointment of Special Counsel Jack Smith.

According to Fox News, Justice Clarence Thomas raised concerns about the legitimacy of Special Counsel Jack Smith's appointment in an immunity case before the Supreme Court.

In a 6-3 decision, the Court affirmed that a president has substantial immunity for official acts while in office and sent former President Donald Trump's case back to lower courts to determine which acts were official.

The charges include conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against rights. Trump has pleaded not guilty to all charges, asserting his actions were within his presidential duties.

Thomas Questions Special Counsel's Appointment

Justice Clarence Thomas expressed serious concerns regarding the constitutional validity of Smith’s appointment. He emphasized the need to address whether the Attorney General had the authority to appoint a Special Counsel without explicit Congressional authorization. Thomas highlighted that "no office for the Special Counsel has been 'established by Law,' as the Constitution requires."

Ed Meese, a former attorney general, supported this argument by filing an amicus brief asserting that Smith’s appointment was unconstitutional. Meese's brief argued that the position of Special Counsel lacked statutory authority and questioned the legality of a private citizen prosecuting a former president.

Attorney General Merrick Garland defended Smith’s appointment, citing statutory authority. However, questions linger about whether this authority is sufficient without Congressional approval.

Debate Over Constitutional Structure and Separation of Powers

The ruling has sparked a broader debate about the separation of powers and the structural integrity of constitutional offices. Justice Thomas warned that if the appointment of Special Counsel Smith is deemed unconstitutional, it could invalidate the charges against Trump. He stated, "Respecting the protections that the Constitution provides for the Office of the Presidency secures liberty."

Thomas argued that the creation and filling of federal offices must adhere to constitutional requirements to maintain the balance of power. He noted that the Constitution mandates Congress to establish federal offices by law, which checks the President’s power.

This decision underscores the critical nature of adhering to constitutional procedures in the appointment of officials tasked with prosecuting high-profile cases.

Implications for Future Prosecutions

The ruling raises significant implications for future prosecutions involving presidential actions. The Court's decision emphasizes the need to clearly delineate official acts from unofficial ones to determine the extent of presidential immunity.

Justice Thomas's opinion stressed that "a private citizen cannot criminally prosecute anyone, let alone a former President." This statement underscores the unprecedented nature of the current situation and the potential constitutional violations involved.


The Supreme Court’s ruling on presidential immunity and appointing Special Counsel Jack Smith has profound implications. The decision to remand Trump’s case to lower courts to determine the official nature of his acts highlights the complexities involved. Justice Clarence Thomas’s concerns about the constitutional validity of Smith’s appointment bring additional scrutiny to the process. As the legal proceedings continue, the outcomes will be closely watched for their impact on the future of presidential immunity and the separation of powers.

Author Image

About Ashton Snyder

Independent conservative news without a leftist agenda.
© 2024 - American Tribune - All rights reserved
Privacy Policy