Supreme Court decision throws wrench into Jack Smith's case against Donald Trump

By 
 August 13, 2024

Special Counsel Jack Smith and his team have spent the better part of two years attempting to prosecute former President Donald Trump.

Yet thanks to a recent decision by the Supreme Court on presidential immunity, that task has gotten significantly more difficult. 

Immunity applies "regardless of politics, policy, or party"

As Fox News noted, America's highest judicial body ruled last month that a "President therefore may not be prosecuted for exercising his core constitutional powers."

While the president may be prosecuted for unofficial acts, he " is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts."

Chief Justice John Roberts went on to stress that this "immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party."

That led Smith to seek and receive a three-week delay in Trump's Washington, D.C. criminal case in order for his staff to digest the ruling and decide how to proceed.

Judge grants Smith a three-week delay

"Although those consultations are well underway, the Government has not finalized its position on the most appropriate schedule for the parties to brief issues related to the decision," The Hill quoted a motion from Smith's office as reading.

"The Government therefore respectfully requests additional time to provide the Court with an informed proposal regarding the schedule for pretrial proceedings moving forward," it added.

Fox News observed that the Supreme Court's immunity ruling was not the only setback Smith has experienced in recent weeks, as the charges he brought against Trump in Florida for mishandling classified documents were also thrown out.

Smith appeals judge's decision to throw out documents case

July 15 saw Judge Aileen Cannon grant a defense motion to dismiss the case on the grounds that Smith's appointment was unconstitutional.

Specifically, Cannon pointed to the Constitution's Appointments Clause, which states that "Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States" must be confirmed by the Senate.

Smith disagreed with that assessment and was quick to seek a reversal of Cannon's ruling from the 11th Circuit Court of Appeals.

His office released a statement, saying, "The dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson