Trump throws a Clarence Thomas-sized wrench into Mar-a-Lago case after Supreme Court immunity ruling
Donald Trump wants to pause his classified documents case in Florida for several months so he can argue that his charges should be thrown out under the Supreme Court’s recent ruling on presidential “immunity.”
The former president’s attorneys also pointed to an opinion from Justice Clarence Thomas, who appeared to agree with Trump’s argument that special counsel Jack Smith was unconstitutionally appointed and funded — a claim at the center of Trump’s attempts to have the case dismissed.
Friday’sfilings in the Mar-a-Lago case arrived just days after the Supreme Court declared that no president can be criminally prosecuted for any “official” act in the executive office, likely granting the former president some protection in his federal election interference case.
Trump now wants the judge in his classified documents case to hear arguments that he should be immune from those charges at some point between now and September, which would effectively grind the rest of Florida proceedings to a halt while they debate whether the Supreme Court’s ruling applies.
Trump’s attorneys separately argued that Thomas’s argument “adds force” to Trump’s claim that Smith’s appointment and funding is unconstitutional and raises “grave separation-of-powers concerns.”
Thomas wrote his own separate concurring opinion in the immunity decision to specifically take aim at the special counsel’s office, days after Trump’sattorneys made the same arguments to Judge Aileen Cannon in Florida.
The conservative justice went so far as to say that the federal judge overseeing Trump’s election interference case should reconsider whether Jack Smith was even lawfully appointed to the job, giving Trump and the judge presiding over Trump’s classified documents