Special counsel Jack Smith’s team is pushing back as District Judge Aileen Cannon weighs a legal theory propounded by Supreme Court Justice Clarence Thomas that Smith’s appointment is unconstitutional. Smith filed arebuttal of this idea with Cannon, who is presiding over former President Donald Trump’s federal classified documents case in South Florida. “Trump’s notice … refers to Justice Thomas’s concurrence addressing the Special Counsel’s authority to prosecute,” wrote Smith. “That single-Justice concurrence — addressing an issue that Trump did not raise (See Sup. Ct. Tr. 33-34), that the…