Columnist says Jack Smith's Supreme Court loss could damage state cases against Trump

By 
 September 11, 2024

The Supreme Court ruled earlier this year that presidents enjoy presumptive immunity for official acts while unofficial ones are not immune from prosecution.

While the decision represented a loss for Special Counsel Jack Smith, one columnist says it has created a mess for others who have brought cases against former President Donald Trump. 

Immunity ruling may derail District Attorneys Alvin Bragg and Fani Willis

New York Sun associate editor A.R. Hoffman made that argument in an article published on Tuesday, pointing to Manhattan District Attorney Alvin Bragg and Fulton County Attorney Fani Willis.

Trump was convicted in Manhattan on 34 counts of falsifying business records to conceal hush money payments made to adult film star Stormy Daniels.

What's more, Willis indicted the former president last year on racketeering charges over his conduct following the 2020 election.

Hoffman noted how Bragg sent a letter to New York Judge Juan Merchan in which he maintained that the Supreme Court's ruling "has no bearing on this prosecution and would not support vacatur of the jury’s unanimous verdict (let alone dismissal of the indictment) even if its reasoning did apply here."

New York case could end up in federal system

Trump's attorneys disagree, and Hoffman pointed out that if Judge Merchan rules against, then the former president could "seek succor from the federal judiciary."

He wrote that doing so has the potential "to set up a possible clash between the state court judge and the highest court in the land."

Meanwhile, Hoffman asserted that although "the implications of immunity are already being felt in the Peach State," Trump has yet to formally raise the issue there.

Instead, he is attempting "to disqualify the district attorney for her secret romantic relationship with her special prosecutor, Nathan Wade."

Trump's legal team has also alleged that Willis had biased the jury pool against the former president through a speech at Atlanta's Big Bethel AME Church this past January.

Trump lawyers say Willis' racism allegation justify dismissal

Specifically, Willis declared that Trump and other defendants were only raising objections to her hiring of boyfriend Nathan Wade because he is African American.

As Newsweek noted, Trump defense lawyer Steven Sadow submitted a filing in which he argued that the former president's charges should be dismissed.

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