President Joe Biden called out Supreme Court Justice Clarence Thomas for giving Judge Aileen Cannon a new defense to dismiss former President Donald Trump’s classified documents case.

On Monday, Cannon dismissed Trump’s classified documents case because special counsel Jack Smith’s appointment was “unlawful.” Biden responded to the ruling in an interview with NBC News’ Lester Holt on Monday.

“I’m not surprised. It comes from the immunity decision the Supreme Court ruled on. Clarence Thomas, his dissent said that independent prosecutors appointed by the attorney general aren’t legit. That’s the basis of what this judge moved to dismiss,” Biden said.

Thomas did not dissent from the majority opinion in the case, instead making that statement in a concurring opinion.

This is a developing story and will be updated as more information becomes available.

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