The Supreme Court did the right thing yet again Monday morning, ruling that sitting presidents have absolute immunity as it relates to their “official acts” while in office. The 6 concurring justices specified this immunity does not apply to their personal acts, and left open the question whether the Jack Smith official documents case in Florida or the DC-based January 6 case, also being persecuted by Smith, should proceed.
The concurring opinion filed by stalwart Justice Clarence Thomas, though, does raise serious questions about Smith’s standing to bring any case at all, since his appointment by AG Merrick Garland lacks any basis in any governing statute.