 She ruled in favor of the arguments presented by Donald Trump's lawyers that the power given to the special counsel, in this case, Jack Smith, should be established by law and confirmed by the U.S. Senate. That's how they say that a special counsel should be done and put in place. But this did not happen with Jack Smith, who was appointed by the attorney general, Merrick Garland. This was suggested by Supreme Court Justice Clarence Thomas, who is also a Republican nominee to the high court.