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Major Blow To Jack Smith Case After Big Trump Immunity Win
The U.S. Supreme Court just ruled that President Donald Trump and all former Presidents have immunity from prosecution for “official acts.” Chief Justice John Roberts authored the high Court’s majority opinion.
The Hill explains:
The Supreme Court on Monday capped its term by determining core presidential powers are immune from criminal prosecution, a win for former President Trump that returns his federal case involving efforts to overturn the 2020 election back to a lower court to determine whether his actions leading up to Jan. 6 merit the protection. . . .
The decision takes a sledgehammer to some of Special Counsel Jack Smith’s indictment of Trump, determining that various actions Trump took to remain in power after losing the election were indeed protected.
The Supreme Court agreed with our amicus brief in support of presidential immunity. The ruling is good for the office of the President and a huge win for former President Trump. As we’ve seen with the repeated targeting of Trump, prosecuting Presidents could become routine if the Constitution is ignored. The nature of presidential power entitles the President not just to immunity but to presumptive immunity for all official acts, meaning it’s presumed that the acts of the President are “official acts.” The Justices’ ruling sends the decision back to lower courts to determine which of Trump’s acts were official.
What does the high Court’s decision mean for the outstanding cases against Trump? The ruling should be a death blow to Special Counsel Jack Smith’s case against Trump, and we expect to see motions to dismiss. This will also likely end Fani Willis’ case against President Trump in Georgia – under the Court’s analysis, the phone call in question in her case should be considered an official act. Smith’s classified documents case will have trouble as well since the documents in question were moved during Trump’s presidency.
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