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Smith Urges Trump Judge to Disregard Recent Supreme Court Immunity Opinion

 July 15, 2024

Special Counsel Jack Smith has requested that Judge Aileen Cannon disregard Supreme Court Justice Clarence Thomas's concurring opinion on immunity as the classified document case against former President Donald Trump proceeds.

Smith is strongly urging Judge Cannon to continue with the classified documents case without taking Thomas's recent opinion on presidential immunity -- and his comments on the special counsel's appointment -- into consideration, as the Washington Examiner reports.

Smith Agrees to Briefing on Ruling's Implications

Smith, the special counsel prosecuting Trump, submitted a formal request to Cannon, urging her to disregard Supreme Court Justice Clarence Thomas's concurrence in the high court's recent ruling on presidential immunity.

The Supreme Court ruling, which upheld broad immunity for presidents facing prosecution for actions taken while in office, was noted by the U.S. District Court of the Southern District of Florida. This ruling has become a pivotal point in the ongoing legal battle.

On Friday, Smith agreed to hold a briefing regarding the implications of the Supreme Court ruling on the classified document case. This decision to engage in a briefing indicates the high stakes and complexity involved in the legal proceedings.

Trump Team Seeks to Halt Case

Justice Clarence Thomas, in his concurring opinion, emphasized that if the unprecedented prosecution is to proceed, it must be conducted by someone duly authorized by the American people. He suggested that lower courts should first address the questions concerning the validity of the special counsel’s appointment to his current role.

Smith, however, contended that Thomas’s opinion was not applicable to the classified documents case. He petitioned Judge Cannon not to consider Thomas’s remarks in her ruling. This petition underscores Smith's determination to keep the focus on the specifics of the classified documents case, rather than broader issues raised in the immunity case.

The Trump legal team has been proactive in leveraging the Supreme Court’s decision. Defense attorneys filed a motion to halt the classified documents case, citing the recent Supreme Court ruling on presidential immunity. Trump's team requested that Judge Cannon keep the Supreme Court’s decision -- and Thomas' remarks -- in mind, emphasizing its potential impact on the case.

Impact Of Supreme Court Ruling

In response, Judge Cannon approved the Trump team’s request to postpone several deadlines in the immunity case. This decision has introduced further delays into the already complex legal proceedings.

Smith’s position is clear: he asserts that the Supreme Court’s ruling, while significant, does not pertain directly to the classified documents case. He maintains specifically that the prosecution should proceed without being influenced by Justice Thomas’s opinion on presidential immunity.

The Supreme Court’s 6-3 ruling earlier this summer has had significant repercussions. It called into question some of the charges against Trump, adding another layer of complexity to the ongoing legal battle. This ruling has provided Trump’s legal team with a basis for their argument to halt the classified documents case.

Thomas: Lower Courts Should Address Special Counsel’s Appointment

Justice Thomas’ opinion has introduced a new dimension to the debate. He stated, “If the unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people.” Thomas’s remarks highlight the importance of legitimacy and authorization in prosecuting a former president.

Thomas also suggested that lower courts should address those questions concerning the Special Counsel’s appointment before proceeding any further. This recommendation has become a focal point for Trump’s legal team as they seek to halt the prosecution.

Smith’s request to Judge Cannon is a strategic move to keep the focus on the classified documents case itself. By urging the judge to disregard Thomas’s opinion, Smith aims to streamline the legal proceedings and prevent further delays.

Legal Maneuvers Continue

As the legal battle continues, both sides are utilizing every available resource and argument. Smith’s agreement to a briefing on the implications of the Supreme Court ruling shows his willingness to engage with the complexities of the case.

However, Smith remains firm in his stance that Justice Thomas’s claims are not relevant to the classified documents case. He argues that the specifics of the case should take precedence over broader issues of presidential immunity.

Conclusion

The classified document case against former President Donald Trump continues to unfold with significant legal maneuvers from both sides.

Special Counsel Jack Smith has requested Judge Aileen Cannon to disregard Supreme Court Justice Clarence Thomas's opinion, while Trump’s legal team seeks to halt the case based on the recent Supreme Court ruling on presidential immunity.

As the legal proceedings advance, the focus, at least for Smith, remains on the specifics of the classified documents case, amid the broader context of presidential immunity and the legitimacy of the prosecution.