Supreme Court Justice Clarence Thomas has a valid question over 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, former acting Attorney General Matthew Whitaker told Newsmax on Sunday.

“There is an appointments clause issue,” Whitaker told Newsmax’s “Sunday Report.” “I think as we listen to that almost three hours of the Supreme Court and their questioning it was pretty clear that they had a lot of doubts about Jack Smith’s theory of this case.”

The court, he added, “poked holes pretty impactfully on his entire case, not only in his theory of presidential immunity, but I think Clarence Thomas has for sure been keen on this issue of whether Jack Smith’s appointment is valid under the Constitution.”

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