In a concurring opinion in former President Trump's immunity case, one Supreme Court justice questioned whether Jack Smith was constitutionally appointed.
In the Supreme Court's monumental decision in former President Trump's immunity case, one justice questioned whether Special Counsel Jack Smith – at the helm of Trump's unprecedented prosecution – was constitutionally appointed. On Monday, a 6-3 majority ruled that a president has substantial immunity for official acts in office, and sent the case back down to lower courts to determine which acts at the center of Trump's case were official.
Those questions must be answered before this prosecution can proceed,' he added. 'We must respect the Constitution’s separation of powers in all its forms, else we risk rendering its protection of liberty a parchment guarantee,' he concluded.
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