What you are hearing is the crumbling sound of Jack Smith’s case against Donald Trump. In the very early stages of an earthquake as the walls initially start shaking, those who have earthquake experience realize that the real upheaval and the accompanying damage could be coming quite soon. Similarly Jack Smith’s case just might be on the verge of sustaining significant damage, as it seems that the walls have just started shaking.
The Supreme Court agreed to consider the following question—“Whether and, if so, to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”
The Supreme Court Justices appeared skeptical about President Trump’s claims that he has the right to absolute immunity for his actions as president. However, the justices also appeared to be open to accepting that presidents have some level of immunity.
The court could decide to remand the case back to the Washington district court, with instructions for differentiating between official and private acts of a president so that additional fact-finding proceedings can be done.
Such a move would delay the former president’s trial in Washington and potentially proceedings related to three other cases as well. This gives President Trump a strategic win as he attempts to hold off cases until after the elections.
Furthermore the question has come up as to whether or not special counsel Jack Smith’s has the authority to bring charges against the president.
Last week one of Trump’s attorneys, John Sauer said, “That runs into the reality that we have here an extraordinary prosecutorial power being exercised by someone who was never nominated by the president or confirmed by the Senate at any time. … We hadn’t raised it yet in this case when this case went up on appeal.”
Mr. Sauer said he agrees with the “analysis provided by Attorney General [Edwin] Meese and Attorney General [Michael B.] Mukasey,” referring to the amicus brief the two former attorneys general submitted to the Supreme Court on March 19. In it, the two attorneys general noted that irrespective of what one thinks about the immunity issue, Mr. Smith “does not have authority to conduct the underlying prosecution.”
Wow! The shaking is getting stronger. Could this entire case be on the verge of total destruction?
State tuned!
4/29/24