(TruthAndLiberty.com) – On Thursday, during the presidential immunity hearing Supreme Court Justice Clarence Thomas asked a question that is central to the charges brought forward by Special Counsel Jack Smith against former President Donald Trump.
The country’s highest court is currently considering the argument that Trump should have complete immunity from prosecution for any of the actions he had taken during his time in office. However, another question has now emerged relating to whether the Office of Special Counsel has the necessary authority to bring these charges forward.
Thomas during the three-hour hearing had asked Trump attorney John Sauer if he had in this litigation at any point challenged the appointment of a special counsel. In response, Sauer replied that he had not brought up these concerns “directly.”
The justices are currently considering Trump’s arguments that presidential immunity should be extended and that thus former President Donald Trump cannot be prosecuted on charges relating to his efforts to overturn the 2020 presidential election.
Sauer had informed Thomas that he was in complete agreement with Attorney General Meesee III and Attorney General Mukasey in their analysis. As he pointed out this points to an important issue, as the special counsel has previously argued that they needed to have this presumption of regularity. He added that in this case there was someone with extraordinary prosecutorial power who had not received the nomination of the president nor had he been confirmed by the Senate. He pointed out that while this is a position they agreed with this is not an argument they had brought forward while appealing this case.
In March, Mukasey and Meese had put out a 42-page amicus brief which had questioned whether it was lawful for Smith to be bringing these charges against Trump.
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