I finished reading most of Justice Thomas’s concurring opinion.
Thomas writes:
“””I write separately to highlight another way in which this
prosecution may violate our constitutional structure. In
this case, the Attorney General purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States. But, I am not sure that
any office for the Special Counsel has been “established by
Law,” as the Constitution requires. Art. II, §2, cl. 2. By requiring that Congress create federal offices “by Law,” the
Constitution imposes an important check against the President—he cannot create offices at his pleasure.”””
The next steps for the Trump Team is to take Jack Smith to court and force a decision as to whether Smith had a legal right to indict Trump.
Good find... Jack Smith’s removal should come hot on this ruling...
The question of Jack Smith’s appointment is before the Florida judge.
Hopefully she will now declare him unconstitutionally appointed.
“The next steps for the Trump Team is to take Jack Smith to court and force a decision as to whether Smith had a legal right to indict Trump.”
It is my understanding that Federal law requires national security cases be prosecuted by a special division within the DoJ.
The head guy I believe is named Jay Brant.
The decision seems to be pretty broad and forces the lower courts to prove that a presidential act is “unofficial” before he can be prosecuted for it.
“Turning to some of the specific allegations against Trump, the majority ruled that Trump cannot be prosecuted for his alleged efforts to “leverage the Justice Department’s power and authority to convince certain States to replace their legitimate electors with Trump’s fraudulent slates of electors.”
With regard to the allegation that Trump attempted to pressure his former vice president, Mike Pence, in his role as president of the senate, to reject the states’ electoral votes or send them back to state legislatures, the court deemed Trump “presumptively immune” from prosecution on the theory that the president and vice president are acting officially when they discuss their official responsibilities. “