“Supreme Court Justice Clarence Thomas raised a question Thursday that goes to the heart of Special Counsel Jack Smith’s charges against former President Donald Trump.

The high court was considering Trump’s argument that he is immune from prosecution for actions he took while president, but another issue is whether Smith and the Office of Special Counsel have the authority to bring charges at all.

“Did you, in this litigation, challenge the appointment of special counsel?” Thomas asked Trump attorney John Sauer on Thursday during a nearly three-hour session at the Supreme Court.

Sauer replied that Trump’s attorneys had not raised that concern “directly” in the current Supreme Court case — in which justices are considering Trump’s arguments that presidential immunity precludes the prosecution of charges that the former president illegally sought to overturn the 2020 election.

Sauer told Thomas that, “we totally agree with the analysis provided by Attorney General Meese [III] and Attorney General Mukasey.”

“It points to a very important issue here because one of [the special counsel’s] arguments is, of course, that we should have this presumption of regularity. That runs into the reality that we have here an extraordinary prosecutorial power being exercised by someone who was never nominated by the president or confirmed by the Senate at any time. So we agree with that position. We hadn’t raised it yet in this case when this case went up on appeal,” Sauer said.” (Courtesy FoxNews.com)

The lawyers who wrote the analysis mentioned above are Steven G. Calabresi of the Northwestern University Pritzker School of Law and Gary S. Lawson of the Boston University School of Law.

“The appointments clause makes clear that the “default mode” of appointment for all officers is presidential nomination, Senate confirmation and presidential appointment, the brief says.

There is a proper way to appoint a special counsel like Smith, Calabresi said at the Volokh Conspiracy. Garland should “ask one of the very best Senate-confirmed U.S. attorneys now in office to prosecute the cases arising out of the events of Jan. 6, 2021, or the misuse of classified documents case, to be special counsel” with nationwide authority.

The attorney general could then appoint Smith to be the special counsel’s special assistant, and the Trump cases could then be “restarted from scratch” Calabresi wrote.

“We do not want future U.S. attorney generals, such as the ones Donald Trump might appoint, if he is reelected in 2024, to be able to pick any tough thug lawyer off the street and empower him in the way Attorney General Merrick Garland has empowered private citizen Jack Smith,” Calabresi wrote. “Think of what that would have led to during the McCarthy era.” (Courtesy abajournal.com)

Attorney Calabresi was right.

What Americans are witnessing now is as bad as any totalitarian government who tries to make themselves look like a democracy through rigged elections against political opponents.

By circumventing the Senate’s right to question and vote on Jack Smith as special counsel, the Biden Administration,  especially Attorney General Garland, have circumvented our time honored Constitutional System known as Checks and Balances which ensures that no one of the three branches of government has more power rhan the other two.

Jack Smith has already proven himself to be nothing but a hateful Ideologue.

He was Lois Lerner’s assistant during the IRS Scandal during the Obama Administration in which Conservatives were targeted by the IRS and the Department of Justice unfairly.

Evidently, this weasel enjoys putting the screws to those who stand for traditional American values, including the right to oppose the outcome of an election.

The arrogance of this Administration and Biden’s handlers in the Democrat Elite to believe that they can circumvent and weaponize our legal system to destroy their enemies without repercussion boggles the mind.

Every American deserves a fair and honest trial, including Donald Trump. However, in order to have a trial, first, there must have been a crime committed.

In the case of the trial being held right now in Manhattan, there was no crime committed. Alvin Bragg is wasting everyone’s time in order to keep Trump from campaigning.

The majority of Americans have already figured out that keeping Trump out of the 2024 Presidential Election and to keep him from campaigning is the primary purpose of all this political law fair being used against him.

As you can see by the illegal appointment of Jack Smith as Special Counsel, the Democrats are going to do whatever they have to do to keep Ttump out of the 2024 Presidential Election.

It is time for Justice Clarence Thomas and His fellow justices in the Supreme Court of the United States to put an end to this totalitarian Political Lawfare.

The future of our Constitutional Republic  depends upon it.

Until He Comes,

KJ