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Justice Thomas raised crucial question about legitimacy of special counsel's prosecution of Trump

oVERTON'S SUMMARY

The legitimacy of Special Counsel Jack Smith's appointment is at the core of legal arguments regarding former President Donald Trump. Supreme Court Justice Clarence Thomas raised a crucial question during a recent hearing on Trump's claim of immunity from prosecution for actions taken while president. Trump's legal team argues that Smith's appointment is unlawful as he was never confirmed by the Senate as a U.S. attorney, potentially violating the Appointments Clause of the U.S. Constitution. The debate revolves around Smith's authority to prosecute Trump and the special counsel's independence in making prosecutorial decisions. The special counsel's office contends that the attorney general has the authority to appoint a special prosecutor, citing a past case involving President Richard Nixon as precedent. The Supreme Court will decide on the case, addressing Trump's immunity and the authority of the special counsel, with a decision expected by the end of its term in June.

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