Conservative Justice Clarence Thomas, in a separate opinion, has raised concerns about the constitutionality of Attorney General Merrick Garland's appointment of Jack Smith as special counsel. This issue has emerged as part of former President Donald Trump's defense strategy in a criminal case involving classified documents in Florida, which was initiated by the special counsel.
Trump's legal team has contended that Garland exceeded his legal authority by appointing Smith as special counsel without Senate confirmation. Justice Thomas seems to align with this argument, stating, 'there are serious questions whether the Attorney General has violated the structure by creating an office of the Special Counsel that has not been established by law.'
Thomas emphasized the need for clarity on the legality of Smith's appointment before proceeding with the prosecution. He urged the lower courts to address these fundamental questions regarding the Special Counsel's appointment.
It is noteworthy that no other justice on the court supported Thomas' concurrence, indicating a divergence of opinion on this matter within the judicial body.
