Legal experts are applauding Special Counsel Jack Smith’s move to “leapfrog” a Trump effort to delay his D.C. case by claiming he has immunity from prosecution and appealing the decisions by asking the U.S. Supreme Court to rule on that major question.
Trump is claiming he cannot be prosecuted for his efforts to overturn the 2020 election because he was president at the time, and is also claiming he cannot be prosecuted because he was impeached by the House but not convicted by the Senate.
Legal experts and U.S. District Judge Tanya Chutkan have declared Trump is not immune from prosecution for criminal acts, with Judge Chutkan writing: “Defendant’s four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.”
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On Monday the Special Counsel appeared to have short-ciircuited Trump’s delay tactic by asking the Supreme Court to rule on this question: “Whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin.”
“It is hard for Trump to logically object to Smith’s request today for expedited Supreme Ct review since it is Trump who is claiming he [should] not be subject to the indictment at all,” writes former FBI general counsel Andrew Weissmann, a popular MSNBC legal analyst. “Expedited review only helps alleviate that harm, if he is correct (which he is not).”
Weissmann adds, “Note newest Smith team member: the storied appellate lawyer Michael Dreeben. Argued over 100 cases in Supreme Court, and was head appellate lawyer on SC Mueller team.”
“This is a really ballsy move,” declared former U.S. Attorney and Deputy Asst. Attorney General Harry Litman. “And who is Michael Dreeben? He plays a similar role in Mueller investigation but he was a very long time Deputy Solicitor General and probably the most respected Supreme Court advocate on criminal issues in the Dept.”
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Steve Vladeck, the national security attorney and professor of law, adds, “if I were taking a criminal procedure issue to the Court, there’s no one I’d want as my special counsel *more* than Michael Dreeben.”
He also explains, “The bottom line of Jack Smith’s #SCOTUS filing is that he wants to ensure, one way or the other, that the issue of Trump’s constitutional immunity from the January 6-related prosecution is conclusively resolved by the end of the Supreme Court’s *current* term (i.e., June 2024).”
“This is exactly the right move,” announced noted constitutional law scholar and Harvard University Professor Emeritus Laurence Tribe. “And SCOTUS should agree to leapfrog the DC Circuit, just as it did in the Nixon tapes case. The issue is purely legal and delay hurts the country.”
Former 30-year federal prosecutor Glenn Kirschner, now an NBC News/MSNBC legal analyst sums up the Special Counsel’s move: “Unwilling to play Trump’s stupid reindeer games, Jack Smith takes the reins and seeks an expedited answer from the Supreme Court on Trump’s baseless claim that he is above the law and can’t be prosecuted for his crimes.”
Watch Weissmann’s explanation of Smith’s move below or at this link.
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