Special counsel Jack Smith has responded to Supreme Court Justice Clarence Thomas' criticism of his appointment in the ongoing classified documents case involving former President Donald Trump. Smith informed US District Judge Aileen Cannon that Thomas' remarks should not impact the criminal proceedings against Trump.
In a recent filing, Smith emphasized that Thomas' opinion in a separate case regarding presidential immunity does not hold sway over the current matter in Florida. He stated that all courts have consistently upheld the Attorney General's authority to appoint a Special Counsel, dismissing any concerns raised by Thomas' concurrence.
Trump's legal team had cited Thomas' concurrence to support their argument that Smith's appointment was unlawful and that the funding of his office violates the Constitution. They contended that this should lead to the dismissal of the charges against Trump in Florida.
Smith acknowledged Trump's request for further briefing on how the Supreme Court's immunity ruling could impact the documents case. Trump has been asserting his right to presidential immunity despite the alleged misconduct occurring after his presidency.
Judge Cannon has yet to indicate how she will consider the Supreme Court's recent ruling in the ongoing case. She has requested additional input from both parties on the next steps in the proceedings.
