At Least One Justice — Clarence Thomas — Appears Open To Disqualifying Jack Smith From Prosecuting Trump
The court’s senior justice took notice of an argument that could put the special counsel’s tenure in jeopardy.
Almost no journalists picked up on Justice Clarence Thomas’s question, put from the high bench during the Supreme Court hearing in the January 6 case, about whether President Trump may challenge, on constitutional grounds, the qualifications of the special counsel. Yet the poser suggests that at least one member of the Supreme Court is watching the issue.
Awake, we say. Justice Thomas’s inquiry came in oral arguments in the case of Trump v. United States. The high court’s most senior member, who is known for rarely asking questions, inquired of Mr. Trump’s attorney, John Sauer, if “you, in this litigation, challenge the appointment of special counsel?” Justice Thomas must have seen the issue marked in an amicus brief by two former attorneys general supporting Mr. Trump, Edwin Meese, 92, and Michael Mukasey, 82.
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