The special counsel’s role has been questioned by both a Supreme Court Justice and a Florida federal Judge.
The judge in Donald Trump’s classified documents case may declare that prosecutor Jack Smith’s appointment is invalid, a legal journalist has said.
It comes after Supreme Court Justice Clarence Thomas strongly suggested that Smith had no right to prosecute Trump.
In Donald Trump’s presidential immunity case on Monday, Thomas wrote a separate concurring opinion that he questioned the legality of Smith’s appointment as special counsel in charge of federal cases against Trump.
The Supreme Court found that Donald Trump is partially immune from prosecution for actions taken while he was in the White House.
In a 6-3 ruling, the justices returned Trump’s case to the trial court to determine what is left of Special Counsel Jack Smith’s indictment of Trump.
Anna Bowers, a journalist with the legal website, Lawfare, wrote on X, formerly Twitter, on Monday that Aileen Cannon, the judge in Donald Trump’s classified documents case in Florida, may be thinking along the same lines as Thomas.
“In an opinion that mirrors Trump’s legal argument in his election interference case in Washington, D.C., and his classified documents hoarding case in Florida, Thomas suggested that Smith may have been unlawfully appointed”, Bowers wrote.
