 Her legal argument gained more steam this month after Supreme Court Justice Clarence Thomas wrote in the presidential immunity case that the special counsel's office needs to be established by Congress and that Smith needed to be confirmed by the Senate. He was the only one to say that. None of his other colleagues signed on to it. And the case in question didn't even bring it up. Clarence just thought he wanted to send the message down to Florida, down to Judge Cannon. Message received.