by Katelynn Richardson, The Liberty Daily:
(DCNF)—The Supreme Court’s ruling on former President Donald Trump’s immunity appeal made it all but certain no trial will take place before the election — and increasingly likely special counsel Jack Smith’s appointment will be deemed unlawful.
In a concurring opinion, Justice Clarence Thomas questioned the constitutionality of Smith’s appointment, writing that the lower courts should “answer these essential questions” before proceeding. Meanwhile, U.S. District Court Judge Aileen Cannon has received criticism for her approach to Trump’s classified documents case, where she is weighing the constitutionality of Smith’s appointment.
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The court held Monday in Trump v. United States that presidents have at least “presumptive immunity” for all official acts and “absolute” immunity for actions pertaining to the “exercise of his core constitutional powers.” Trump had sought to dismiss his Jan. 6 case in Washington, D.C., based on presidential immunity, but the lower courts declined to find he had immunity.
George Washington University law professor Jonathan Turley wrote after the ruling on Monday that the decision “reminds citizens that it is more important to get these questions answered right than fast.”
“For all of the criticism of Judge Cannon in Florida for holding hearings and considering arguments, this is why it is important to give serious and sufficient attention to these questions,” he wrote on X. “Judge Chutkan was praised for her speed in supporting Smith’s effort to try Trump before the election. She was wrong as was the D.C. Circuit.”
While he said he did not “blame them in an area with good arguments on both sides,” he noted “speed should not be the measure of performance for the courts.”
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