Donald Trump’s defense attorney, John Lauro, quickly corrected himself in court on Thursday after saying Supreme Court Justice Clarence Thomas had “directed” him to challenge special counsel Jack Smith’s authority in the election subversion case.
During a hearing in Washington, D.C., addressing an updated indictment brought by Smith against the former president following a Supreme Court ruling on presidential immunity, Lauro referenced concerns raised by Thomas in a note on that ruling as a reason the case should be dismissed.
The reference from Lauro is to a note from Thomas that he wrote in the concurrence regarding the immunity ruling. Some speculated that note was written to be seen by Judge Aileen Cannon, A Trump appointed judge who is presiding over the classified documents case against the former president in Florida.
In that note in July, Thomas wrote that “if this unprecedented prosecution [of Trump] is to proceed, it must be conducted by someone duly authorized to do so by the American people.”
Lauro cited the same reasoning as Cannon at the hearing on Thursday, saying that the court must decide on the issue of the special counsel’s authority “in light of Justice Thomas’ interest” in it.
Judge Chutkan told Lauro that she didn’t find Cannon’s decision very persuasive, to which the defense replied that Thomas had “directed” him to raise the issue.
“He directed you to do it?” Judge Chutkan asked, to which Lauro quickly clarified “Well, he didn’t direct us to.”
The judge said that Thomas’ concurrence was not binding and that there was precedent in the D.C. Circuit upholding the constitutionality of special counsel appointments.
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