July 5, 2024

Law Professor: Immunity Ruling Makes Mess for Jack Smith

The recent Supreme Court immunity ruling is getting a lot of play in the media right now, but much of that is overblown.

Trump’s defense team is using that ruling to try to have Trump’s hush-money case overturned, but that motion will fail because the ruling is irrelevant to that particular case.

For the Jack Smith cases, however, it could come into play.

Case Dismissed

Greg Germain, a law professor at Syracuse University in New York, believes the ruling will really hurt the Smith cases.

He stated, "The court's decision delivers a real mess for the trial court to sort out, while preserving the court's ability to second guess whatever they do.”

Germain later added, "I think it's a very messy opinion which provides little guidance to the lower court on how to proceed, except to recognize that the claims regarding communications with the attorney general must be dismissed, and the claims relating to communications with Pence will likely have to be dismissed.”

I disagree with Germain on several points.

First, I think the court told the lower courts exactly how it wanted it to proceed, most notably by identifying the alleged crimes by Trump to see if they would have fallen under the purview of presidential duties.

I really don’t see this ruling impacting Trump’s January 6 case because it will be hard to make a winning argument that Trump was acting within his official presidential duties that day and not as a candidate or private citizen.

The classified documents case, however, is another deal altogether.

My guess is that Smith will dismiss some of the charges simply because they become a little too messy and hard to prove, while others will be repackaged and represented.

Having said all that, the most important thing for Trump in all of this is having the cases delayed so they do not get inside a courtroom before the election, and I believe that will be achieved.

This was a major roadblock for Trump's victory in this election, but somehow, he has managed to overcome it and put all of these cases on ice.

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