Jack Smith was a private citizen when AG Garland appointed him as special counsel to investigate Trump in 2022

“Did you, in this litigation, challenge the appointment of special counsel?” Thomas asked Trump attorney John Sauer on Thursday during a nearly three-hour session at the Supreme Court.

Sauer told Thomas that, “we totally agree with the analysis provided by Attorney General Meese [III] and Attorney General Mukasey.”

“It points to a very important issue here because one of [the special counsel’s] arguments is, of course, that we should have this presumption of regularity. That runs into the reality that we have here an extraordinary prosecutorial power being exercised by someone who was never nominated by the president or confirmed by the Senate at any time. So we agree with that position. We hadn’t raised it yet in this case when this case went up on appeal,” Sauer said.

https://www.foxnews.com/politics/justice-thomas-raised-crucial-question-about-legitimacy-special-counsels-prosecution-trump