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How Justice Clarence Thomas Led the Way to Jack Smith's Demise
Townhall ^ | 07/15/2024 | Katie Pavlich

Posted on 07/15/2024 10:25:12 AM PDT by SeekAndFind

On July 1, 2024 the Supreme Court ruled U.S. presidents have immunity for official acts with President Donald Trump at the center of the case. 

In his concurrence in the majority opinion, Justice Clarence Thomas made the argument that Special Counsel appointments could broadly be unconstitutional, but especially if they are not appointed by Congress. 

"It is difficult to see how the Special Counsel has an office 'established by Law,' as required by the Constitution. When the Attorney General appointed the Special Counsel, he did not identify any statute that clearly creates such an office," Clarence wrote. "None of the statutes cited by the Attorney General appears to create an office for the Special Counsel, and especially not with the clarity typical of past statutes used for that purpose."

"Even if the Special Counsel has a valid office, questions remain as to whether the Attorney General filled that office in compliance with the Appointments Clause. For example, it must be determined whether the Special Counsel is a principal or inferior officer. If the former, his appointment is invalid because the Special Counsel was not nominated by the President and confirmed by the Senate, as principal officers must be. Art. II, §2, cl. 2. Even if he is an inferior officer, the Attorney General could appoint him without Presidential nomination and senatorial confirmation only if 'Congress . . . by law vest[ed] the Appointment' in the Attorney General as a 'Hea[d] of Department,'" Thomas continued. 

"So, the Special Counsel’s appointment is invalid unless a statute created the Special Counsel’s office and gave the Attorney General the power to fill it 'by Law.' Whether the Special Counsel’s office was 'established by Law' is not a trifling technicality. If Congress has not reached a consensus that a particular office should exist, the Executive lacks the power to unilaterally create and then fill that office," he argued. 

Special Counsel Jack Smith was appointed by Attorney General Merrick Garland outside of that constitutional standard, resulting in U.S. District Judge Aileen Cannon dismissing the classified documents case against former President Donald Trump. 



TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: adiosmofo; clarencethomas; documentscase; jacksmith; scotus
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1 posted on 07/15/2024 10:25:12 AM PDT by SeekAndFind
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To: SeekAndFind

Beautiful!


2 posted on 07/15/2024 10:27:23 AM PDT by Tommy Revolts (,,)
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To: SeekAndFind

I want to hear what Garland and Biden have to say about that!


3 posted on 07/15/2024 10:30:36 AM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: Magnum44

I know what the law has to say about it my


4 posted on 07/15/2024 10:35:21 AM PDT by Harpotoo (Being a socialist is a lot easier than having to WORK like the rest of US:-))
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To: Harpotoo

I just want to see them stutter.


5 posted on 07/15/2024 10:37:28 AM PDT by Magnum44 (...against all enemies, foreign and domestic... )
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To: SeekAndFind

Cannon shoots, she scores. Assisi to Thomas.


6 posted on 07/15/2024 10:38:17 AM PDT by Mouton (A 150MT hit may not solve our problems now but is a good start. )
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To: SeekAndFind

Garland was warned by a number of smart folks not to appoint this loser and he deserves the repercussions.


7 posted on 07/15/2024 10:38:42 AM PDT by Kahuna
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To: SeekAndFind

God bless Justice Clarence Thomas, leading the way to restoration of our Free Constitutional Republic!


8 posted on 07/15/2024 10:40:54 AM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
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To: SeekAndFind

Clarence Thomas should be inducted in Sainthood.


9 posted on 07/15/2024 10:41:21 AM PDT by suasponte137
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To: Magnum44
I want to hear what Garland and Biden have to say about that!

They will speak by means of armed force, as they did on Saturday.

10 posted on 07/15/2024 10:41:52 AM PDT by Steely Tom ([Voter Fraud] == [Civil War])
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To: SeekAndFind

Love that guy. He achieved the top through performance. The “woke” almost-idiot leftist, but ‘wise’ supremes...well, they won’t even define what a woman is. QED


11 posted on 07/15/2024 10:45:37 AM PDT by Da Coyote
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To: SeekAndFind

Remember who was the guy who performed the “High-Tech Lynching” of Justice Thomas, way back when he was nominated for the Supreme Court?

Remember the stupid, salacious, lying charges that were brought against the Justice?

Remember Anita Hill, who had worked for Justice Thomas for years without incident, turning on him and stabbing him in the back with ridiculous lies and betrayal?

Remember who was running that Circus?

Oh yeah. It was Joe Biden.

The fall of Joe will be spectacular, and I am happy that Justice Thomas is playing a part in it.

Karma!


12 posted on 07/15/2024 10:47:34 AM PDT by left that other site (If they can do it to a Billionaire President, they can do it to YOU. )
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To: SeekAndFind

Garland AND Jack Smith must be fired immediately for blatant actions averse to the US Constitution. They violated Trump’s civil rights under the color of law (as well as everyone else’s)


13 posted on 07/15/2024 10:50:01 AM PDT by jpp113
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To: SeekAndFind

Jack Smith is a smash-mouth, gut-kicking, take-no-prisoners, kind of attack dog who had no business being a Federal prosecutor. The fact that his appointment to oversee this obviously doctored-up indictment was without supporting legal authority, after the truly lame “collection” of evidence at Mar-A-Lago (moving of most of the boxes out of secured storage, posing the “evidence” in what would have been a much more open and unsecured area, and the refusal to allow the Trump representatives to accompany the search), already jeopardized the chain of custody of the evidence.

On a local level, this would have been called “planting evidence”, an indictable offense in itself.


14 posted on 07/15/2024 11:03:29 AM PDT by alloysteel (Most people slog through life without ever knowing the wonders of true insanity.)
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To: Magnum44

Hear those crickets? That is all you will hear from them. Thomas finally got the opportunity to slam dunk the sobs and he did. Some of the justices have just been waiting to be asked but disciplined enough to the principles of the Republic and their role in that to keep their mouths shut until the proper time.


15 posted on 07/15/2024 11:14:32 AM PDT by Sequoyah101 (The Government that got us in this mess is not the Government that can get us out of it.)
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To: SeekAndFind

Thomas takes the snap . . . then laterals the ball to Canon . . . who take it in for a TD.


16 posted on 07/15/2024 11:38:55 AM PDT by Rockingham
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To: SeekAndFind

Should Jack Smith and Merrick Garland be forced to pay back all the taxpayer money they wasted?


17 posted on 07/15/2024 11:52:24 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.)
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To: jpp113

They must be arrested immediately, Jack especially, as he is a flight risk and possibly a foreign agent.
Here’s what I wonder: did the ICC send him, or did Merrick call him?


18 posted on 07/15/2024 12:00:53 PM PDT by tsomer
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To: SeekAndFind

This means Jack was an imposter


19 posted on 07/15/2024 12:34:20 PM PDT by inchworm (al )
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To: SeekAndFind

Under the current circumstances, pray for Clarence Thomas and his bravery to stand and speak the truth.


20 posted on 07/15/2024 12:36:59 PM PDT by dforest
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