Former President Donald J. Trump‘s legal team is asking U.S. District Court Judge Aileen Cannon to rule on whether Department of Justice (DOJ) special counsel Jack Smith‘s appointment is constitutional. The attorneys cite concerns U.S. Supreme Court Justice Clarence Thomas raised in his concurring opinion on presidential immunity.“Highlighting grave separation-of-powers concerns, Justice Thomas suggested that 28 U.S.C. §§ 515 and 533 do not establish ‘by Law’ Jack Smith’s position under the Appointments Clause,” the filing submitted on Friday reads. Trump‘s attorneys continue: “By extension, these statutes are not “other law” under the relevant appropriation, and these ‘essential questions’ should be addressed ‘before proceeding.'”
Former President Donald J. Trump‘s legal team is asking U.S. District Court Judge Aileen Cannon to rule on whether Department of Justice (DOJ) special counsel Jack Smith‘s appointment is constitutional. The attorneys cite concerns U.S. Supreme Court Justice Clarence Thomas raised in his concurring opinion on presidential immunity.“Highlighting grave separation-of-powers concerns, Justice Thomas suggested that 28 U.S.C. §§ 515 and 533 do not establish ‘by Law’ Jack Smith’s position under the Appointments Clause,” the filing submitted on Friday reads. Trump‘s attorneys continue: “By extension, these statutes are not “other law” under the relevant appropriation, and these ‘essential questions’ should be addressed ‘before proceeding.'”
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