Donald Trump's lawyers raised a federal judge's eyebrows by seemingly suggesting that U.S. Supreme Court Justice Clarence Thomas was advising their defense.
Trump attorney John Lauro argued in a hearing Thursday before district judge Tanya Chutkan that a ruling by another federal judge that challenged the appointment of special counsel Jack Smith should apply in the District of Columbia election interference case, saying the opinion by Florida-based judge Aileen Cannon should serve as binding precedent.
Chutkan asked why the defense didn't challenge the special counsel's authority last year, and Lauro said a concurring opinion penned by Thomas in the D.C. immunity ruling raised the issue of Smith's authority, which Cannon then used to justify her dismissal of Trump's charges in the classified documents case.
Lauro then told the court that Thomas directed them to raise this issue, according to CBS News correspondent Scott MacFarlane, who said the statement seemed to catch Chutkan by surprise.
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"He directed you to do it?" Chutkan asked.
Trump's attorney backtracked, saying, "Well, he didn't direct us to," according to MacFarlane.
MSNBC's Katie Phang said the judge told Trump's attorneys the deadline to file a motion challenging Smith's appointment has passed, adding that she didn't find Cannon's opinion to be "persuasive," but Lauro argued that Thomas had given them the green light to file the challenge anyway.
"When you read Justice Thomas’ concurrence he’s telling us to file this motion," Lauro said, according to Phang.
