Special counsel Jack Smith urged U.S. District Judge Aileen Cannon on Friday, not to listen to Supreme Court Justice Clarence Thomas's concurring opinion in a recent court ruling that questioned the authority of Smith's office.
Cannon granted a delay in former President Donald Trump's classified documents case last week, after Trump's defense team asked permission to file documents to argue that Trump should be immune from prosecution in the case because of presidential immunity.
The Supreme Court ruled on July 1 that presidential immunity existed over the "Official acts" of a president, but not over unofficial ones, which is expected to give Trump some immunity in his legal cases.
Thomas had claimed that Smith should not be able to move forward with his cases "If there is no law establishing the office that the Special Counsel occupies," and that a regular citizen cannot prosecute anyone, "Let alone a former president," per NBC News.
Smith signaled his approval for a delay in the classified documents case in the filing, according to CNN, and agreed that both cases need to file more briefings on the Supreme Court ruling and how it should be interpreted in the classified documents case.
No timeline for when the case will move forward has been disclosed.
The classified documents trial was expected to begin in May, but was postponed by Cannon after several matters in the case were unresolved by its initial start date.
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