In the Supreme Court's monumental decision in former President Trump's immunity case, one justice questioned whether Special Counsel Jack Smith – at the helm of Trump's unprecedented prosecution – was constitutionally appointed.
On Monday, a 6-3 majority ruled that a president has substantial immunity for official acts in office, and sent the case back down to lower courts to determine which acts at the center of Trump's case were official.
"The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive," the opinion said.
In a separate concurring opinion, Justice Clarence Thomas looked to "highlight another way in which this prosecution may violate our constitutional structure" – the appointment of Jack Smith as special counsel.
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