Whitaker Tells Newsmax: Justice Thomas’ Inquiry into Jack Smith’s Validity

Former acting Attorney General Matthew Whitaker told Newsmax on Sunday that Supreme Court Justice Clarence Thomas has raised a valid question about whether special counsel Jack Smith has the authority to prosecute former President Donald Trump, considering the Senate never confirmed him as a substitute U.S. Attorney.

Whitaker said, “There is an appointments clause issue,” adding that during the three hours of Supreme Court questioning, doubts were raised about Smith’s theory of the case. The court pointed out flaws in his theory of presidential immunity, and Thomas focused on whether Smith’s appointment is valid under the Constitution.

If five Supreme Court justices agree with Thomas’ question about Smith’s appointment, it could create a “massive problem” in bringing Trump to trial. Whitaker noted that there have been special counsels in the past who were not confirmed by the Senate.

Whitaker also highlighted that Trump is being “politically targeted” by President Biden, his 2024 rival, and being kept in court while Biden is free to campaign nationwide.

The Supreme Court will have to determine whether Trump is entitled to absolute immunity or if there should be a distinction between official and personal acts, which Whitaker believes will be a challenging task.

Meanwhile, Whitaker emphasized the importance of presidential immunity for official acts, stating that presidents need high levels of immunity to make tough decisions on a daily basis.

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