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.

Erin Schaff/the New York Times via AP, pool
Justice Clarence Thomas, April 23, 2021. Erin Schaff/the New York Times via AP, pool

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.

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