Minutes after the conservative majority on the US Supreme Court published its decision this month granting presidents broad criminal immunity, Donald Trump’s legal team spotted an unexpected “Easter egg”.
While most people were focused on how the opinion upended the election interference charges brought against the former president, Todd Blanche and his co-counsel realised that the other federal case brought against their client by special counsel Jack Smith — over the alleged retention of classified documents — also stood a strong chance of being dismissed.
A concurring opinion from Justice Clarence Thomas, a staunch conservative, had sent up what people close to the Trump team believed was a “flare signal”, suggesting that Smith’s appointment was probably unconstitutional. “A private citizen cannot criminally prosecute anyone, let alone a former president,” Thomas wrote.