Jack Smith Says Clarence Thomas Opinion Doesn’t Bind to Judge Chutkan

WE Ministry of Justice special advisor jack smith He attacked the former president Donald Trump‘s legal team for arguing that the lawsuit to overturn the federal election should be dismissed because of an opinion Supreme Court Justice Clarence Thomas.

The former president’s team filed a motion earlier this month to dismiss the case based on claims that Smith was appointed illegally, noting that Thomas had questioned the legality of Smith’s appointment. Trump v. United States, Earlier this year, it granted Trump immunity for some of his actions while in office.

US District Judge appointed by Trump Aileen Ball Weeks after the Supreme Court ruling, it rejected the former president’s federal classified documents lawsuit and echoed Thomas, ruling that Smith’s appointment was unconstitutional.

On Thursday, Smith responded to Trump’s motion, calling on a U.S. District Judge. Tanya ChutkanThe overseer of the election overturn case found that Trump’s motion was filed after the deadline and that neither Thomas nor Cannon’s views should have any impact on the case.

“Defendant insinuates that he had no basis to challenge the Special Counsel’s authority to prosecute the case until Judge Thomas wrote a concurring opinion addressing the issue in Trump v. United States and the district court overseeing his criminal prosecution in the Southern District. Smith asserts his arguments.” “After accepting it, he rejected the indictment,” he wrote.

“However, neither the stand-alone concurrence opinion nor the district court’s unconvincing opt-out opinion on an issue that the parties did not brief or discuss before the Supreme Court are binding on this Court,” he added.

news week He reached out to Trump attorney Todd Blanche via email on Thursday for comment.

Trump faces four federal felony charges accusing him of attempting to overturn the results of the 2020 presidential election, which he continues to claim without evidence was “stolen” by the President Joe Biden. Trump did not admit guilt.

Smith is appealing the dismissal of Cannon’s documents lawsuit charging Trump with 40 federal crimes related to his withholding of classified and sensitive documents after he left office in 2021.

The former president’s team was given a task. deadline November 4, the day before Trump confronts the Vice President Kamala Harris to answer Smith’s call in the presidential election.

Trump has promised to fire Smith “in two seconds” if he defeats Harris in next week’s election. Smith’s firing may not be That possibility is as likely as the former president suggested, but if he returns to the White House, federal criminal charges against him will almost certainly be dropped or at least suspended.

But Trump has already been convicted of 34 felonies in New York and faces a second felony election tampering trial in Georgia, which is ongoing at the state level. Since presidents do not have the authority to pardon themselves or others for state crimes, Trump will not be able to reverse the conviction in the Oval Office.

Update 10/31/2019, 5:50 PM: This article has been updated with more information and context.