Trump seems to be gaining traction in both his New York Civil Case, spearheaded by Attorney General Letitia James, and his Georgia election fraud case led by Prosecutor Jack Smith.
Allegations from Trump and Congressional Republicans suggest that Prosecutor Jack Smith is pushing for an early trial date (March) for political reasons, potentially disrupting Trump’s presidential campaign.
The current prosecutorial dilemma arose when the former President contested charges based on immunity traditionally granted to the office of the President. Despite a lower court dismissing Trump’s objections, an appeal to a circuit Appeals Court ensued.
Prosecutor Jack Smith anticipates that the Appeals Court’s decision might come after the election, allowing Trump to potentially exonerate himself if he wins. Unhappy with this prospect, Smith is making an uncommon move by seeking to bypass the Appeals Court and petition for an immediate ruling from the U.S. Supreme Court.
BREAKING: Special Counsel Jack Smith has just asked the Supreme Court to rule on whether a President has absolute immunity for crimes he/she committed while in office.
— Ed Krassenstein (@EdKrassen) December 11, 2023
Smith is trying to circumvent Trump’s appeal, which would possibly delay the trial until after the election.… pic.twitter.com/8Y8dDGy7QC
A ruling in favor of Trump by the Right-leaning Court could cause Smith’s legal proceedings to “fall apart,” according to CNN senior legal analyst Elie Honig.
The Daily Caller reported that Honig said if the Supreme Court agrees that Trump enjoyed certain protections while holding the office of President, “both Jack Smith and Fulton County District Attorney Fani Willis’ cases against Trump could be “out the window.”
Elaborating, Honig said on CNN’s “The Lead with Jake Tapper” show: “If Donald Trump is to win here, obviously Jack Smith’s federal election interference case is out the window. I also think Fani Willis’ case is doomed. Yes, that is a state-level case, but the principles of immunity would apply whether it’s a federal or state-level prosecution. Again, that’s if Trump wins.”
JUST IN – FEAR ON THE LEFT: CNN's Elie Honig warns that Jack Smith, by going directly to the Supreme Court, may be making a HUGE mistake, as this could instantly end two of the most serious Trump trials. WATCH pic.twitter.com/yf4cvuiF82
— Simon Ateba (@simonateba) December 11, 2023
Honig mentioned that while a Supreme Court decision favoring Trump could hinder cases pursued by Willis and Smith, it wouldn’t affect a business records falsification case presented by Manhattan District Attorney Alvin Bragg.
He also emphasized that a pro-Trump Supreme Court decision wouldn’t impact Smith’s case related to Trump’s handling of classified documents.
Trump, asserting his innocence, publicly accuses Willis, Smith, and President Joe Biden’s Department of Justice of being politically motivated and corrupt.
The U.S. Supreme Court is anticipated to make a ruling on the matter by December 20.
