Clarence Thomas Wrote Note 'Obviously Intended' for Aileen Cannon: Attorney

Amid Hunter Biden's recent motions to dismiss the federal cases against him, legal analyst and attorney Glenn Kirschner pointed out a significant note Supreme Court Justice Clarence Thomas wrote that appeared to be directed towards Judge Aileen Cannon.

Judge Aileen Cannon, appointed by Donald Trump in 2020, recently dismissed the former president's classified documents case. She argued that the Department of Justice (DOJ) special counsel Jack Smith's appointment was unconstitutional, supporting her decision with Thomas' opinion in the Supreme Court's presidential immunity case. The Supreme Court's July 1 decision stated that former presidents possess broad immunity from criminal prosecution.

In response to Cannon's ruling, Jack Smith filed a notice of appeal on Wednesday, stating, "The United States of America hereby gives notice that it appeals to the United States Court of Appeals for the Eleventh Circuit from the order of the District Court entered on July 15, 2024, Docket Entry 672."

Furthermore, the special counsel's office issued a statement on Monday asserting, "The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel."

Following this dismissal, Hunter Biden is seeking to have both cases against him dismissed. His new motions argue based on Cannon's ruling. Last month, Hunter Biden was convicted by a Delaware jury on three felony counts related to possession of a firearm while using narcotics, and he is appealing this verdict. He also faces federal tax crime charges awaiting trial in a Los Angeles federal court.

In a YouTube video on Friday, Kirschner, a former assistant U.S. attorney and frequent Trump critic, highlighted a note Thomas had written in his separate concurrence regarding the immunity ruling. Kirschner explained, "Clarence Thomas wrote a little note that he obviously intended for Judge Cannon saying, 'Hey judge Cannon, you might want to look into the appointment of special counsel thing. I think maybe there's an issue there that could help Donald Trump.' In substance, that's what Clarence Thomas communicated to Judge Cannon."

Cannon's ruling on Monday followed arguments Thomas laid out earlier this month when he wrote in a solo concurring opinion, "The lower courts should thus answer these essential questions concerning the special counsel's appointment before proceeding. If this unprecedented prosecution [of Trump] is to proceed, it must be conducted by someone duly authorized to do so by the American people."

In his opinion, which none of the other justices joined, Thomas chose to write separately "to highlight another way in which this prosecution may violate our constitutional structure." He argued, "In this case, the Attorney General purported to appoint a private citizen as Special Counsel to prosecute a former President on behalf of the United States. But, I am not sure that any office for the Special Counsel has been 'established by law,' as the Constitution requires."

Meanwhile, Smith responded to Thomas' opinion in a court filing earlier this month, criticizing the justice for questioning his legitimacy, asserting that "the Attorney General is statutorily authorized to appoint a Special Counsel."

Hunter Biden's legal team, guided by Justice Thomas' opinion, filed motions arguing for dismissal. Abbe Lowell, an attorney for Hunter Biden, wrote, "Guided by Justice Thomas' opinion, Judge Cannon dismissed an indictment against President Trump earlier this week because the Special Counsel was unconstitutionally appointed. Based on these new legal developments, Mr. Biden moves to dismiss the indictment brought against him because the Special Counsel who initiated this prosecution was appointed in violation of the Appointments Clause as well."

However, Kirschner expressed skepticism about the success of Hunter Biden's motions, stating that Cannon's ruling is "bad" and likely to be rejected by other federal judges. He commented, "I'm not surprised Hunter Biden's lawyers made these motions, but I think they are destined to fail because what Judge Cannon did in Donald Trump's classified documents case, tossed it out, ruled that special counsel is not a thing, not only doesn't have any precedential value anywhere else, it's a bad ruling. It's a bad ruling and it should be rejected and I suspect it will be rejected by all federal judges who have occasion to take up that issue."