Published December 12, 2023
For special counsel Jack Smith, his petition to the Supreme Court could have a tremendous downside, legal expert Elie Honig explained on Monday.
Smith is asking the Supreme Court to decide if former President Donald Trump is immune from federal prosecution for alleged crimes committed while he was president and whether Trump is constitutionally protected from federal prosecution, on double jeopardy grounds, if Congress has already acquitted him for the same conduct that Smith is prosecuting.
On CNN, Honig explained how Smith’s petition could end badly for him and, by extension, Fulton County District Attorney Fani Willis (D).
“If Donald Trump is to win here, obviously Jack Smith’s federal election interference case is out the window,” Honig said.
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SOURCE: www.theblaze.com
RELATED: Breaking: US Supreme Court Responds to Jack Smith’s Request For Ruling on Trump’s Immunity Argument
Published December 11, 2023
US Supreme Court justices on Monday afternoon responded to Special Counsel Jack Smith’s request to quickly rule on Trump’s immunity claims.
Jack Smith on Monday asked the US Supreme Court to weigh in on Trump’s immunity claims.
In September Trump was hit with 4 counts in Jack Smith’s January 6 case up in DC: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Jack Smith is fighting to keep the March 4 trial date (one day before Super Tuesday) in his January 6 case against Trump in DC.
Trump’s lawyers argued that Trump is immune from federal prosecution for alleged ‘crimes’ committed while he served as US President.
Jack Smith skipped over the appellate court and went straight to the US Supreme Court on Trump’s immunity claims.
“This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office,” Smith wrote in the Monday filing.
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SOURCE: www.thegatewaypundit.com
RELATED: Jack Smith asks Supreme Court to weigh Trump’s immunity argument
Special Counsel Jack Smith delivers remarks on a recently unsealed indictment against former President Trump on Aug. 1 in Washington, D.C. Photo: Drew Angerer/Getty Images
Published December 11, 2023
The Supreme Court said Monday that it would consider special counsel Jack Smith’s request to rule quickly on whether presidential immunity protects former President Trump from prosecution in the federal 2020 election interference case.
Why it matters: It would be the first time that the high court would have weighed in on part of the legal proceedings involving the former president and Republican presidential frontrunner.
Driving the news: “This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office,” Smith wrote in the Monday filing.
- Smith added that it “is of imperative public importance” for the Court to rule on Trump’s claims of immunity “and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected.”
- The Supreme Court agreed Monday to expedite consideration of Smith’s request to consider whether Trump is immune, and gave Trump’s legal team until Dec. 20 to file a response.
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SOURCE: www.axios.com
RELATED: Supreme Court Reaches Warp Speed in Responding to Jack Smith’s Request
Published December 11, 2023
The Supreme Court almost immediately granted Special Counsel Jack Smith’s Monday request for expedited consideration—a highly unusual rapid response that highlights the historic nature of the case.
Smith wants the court to weigh in on the question of whether former president Donald Trump has absolute presidential immunity for crimes he’s accused of carrying out while in the White House.
In its response, the high court ordered Trump’s attorneys to file a reply to Smith’s petition by next Wednesday, Dec. 20 at 4 p.m. ET.
The Supreme Court’s Monday decision does not mean it will take up the case—it simply means the nine-judge panel will make that decision on a much faster timeline than it normally would.
If the case is accepted, it will be the first time the high court will weigh in on the criminal charges facing the former president—specifically, whether his attempts to overturn the 2020 election were protected by presidential immunity, something Trump has repeatedly claimed.
In the 81-page filing, obtained by The Daily Beast, Smith told the Supreme Court he was pursuing the court’s opinion—and asking them to skip an appeals court’s ruling before it was ever made—to ensure Trump can’t drag out the case for months, or longer.
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SOURCE: www.thedailybeast.com
