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In her 93-page ruling, Cannon cited a concurring opinion Thomas wrote in the Supreme Court’s recent decision on presidential immunity, in which Thomas said congressional input is necessary for special counsel appointments.as special counsel. The designation gave Smith the authority to conduct a sweeping investigation and prosecution of Trump largely independent of the rest of the Department of Justice.
She cited the conservative justice’s concurring opinion in the presidential immunity case three times, as well as two other opinions of Thomas’s. Prior to his appointment as special counsel, Smith worked at the DOJ as an acting U.S. attorney and later investigated and prosecuted Kosovo War crimes. Unlike many other special counsels, Smith has never served as a Senate-confirmed U.S. attorney, which means he has never been vetted by Congress.
Smith, who argued that existing laws allowed Garland to appoint him, now has the option to appeal Cannon’s ruling to the Atlanta-based 11th U.S. Circuit Court of Appeals.Smith charged Trump last year with 40 counts of illegally retaining classified documents when he left office and obstructing a federal investigation.
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