April 9, 2024

Jack Smith Argues for Supreme Court to Keep Trump Charges in Place

The Supreme Court is set to hear arguments on April 25 regarding Trump’s immunity claim.

In the meantime, Special Counsel Jack Smith has submitted a filing with the Supreme Court asking it to keep the charges intact against Donald Trump.

Smith argued that our Framers and Founders “never endorsed criminal immunity.”

Big Decision Coming

The question at hand is whether Donald Trump’s actions on January 6 were that of an acting president to ensure election integrity or that of a candidate who had lost and was trying to overturn the election.

You can make a case for either argument, but I believe some of the actions taken that day will work against Donald Trump when the Supreme Court makes its final ruling on the matter.

Trump literally had the resources of the Department of Justice at his beck and call, but he chose to go outside the DOJ to fight this.

Instead, Trump held a political rally and dubbed it, “Stop the Steal.”

This was more of a campaign event than an action of a sitting president, and that will likely be the sticking point that results in the Supreme Court denying him blanket immunity on this.

Over and above that, the court has been very clear on this matter in the past.

While all presidents have immunity while in office, that immunity only applies to actions taken in the normal course of their duties.

For example, when Barack Obama ordered a military strike that wound up killing a wedding party, he was not tried for murder because his actions were as commander in chief.

Joe Biden had a similar strike that killed an aid worker, but he cannot be charged in this country for their deaths because of presidential immunity.

In Smith’s filing, he touched on all of this, concluding, “Whether the Court interprets [that provision] consistently with a natural reading of its text or adopts the evidence-impairment gloss urged by the petitioner in Fischer, the Section 1512 charges in this case are valid.”

Trump supporters are not going to want to hear this, but Donald Trump is going to lose this case when the Supreme Court makes its final decision, which will likely be announced sometime in June unless the court expedites the ruling in consideration of having the case conclude before the presidential election takes place.

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