SCOTUS immunity ruling for Trump may have devastated DA Willis' RICO case in Georgia

 July 2, 2024

On an appeal that stemmed from former President Donald Trump's federal election interference case in Washington D.C., the Supreme Court ruled on Monday that all presidents are presumptively immune from criminal prosecution for "official acts" committed while in office.

That ruling doesn't bode well for Georgia's Fulton County District Attorney Fani Willis and her sprawling criminal case against Trump and others that is largely premised on the same charged acts in Special Counsel Jack Smith's D.C. prosecution of Trump, Newsweek reported.

Now several legal experts have suggested that Willis' case against Trump is likely in serious jeopardy because of the Supreme Court's immunity ruling.

Trump immune from prosecution for "official acts"

In the Supreme Court's ruling on Monday it was held that all presidents enjoy "absolute immunity" from prosecution for acts within their core constitutional powers, have presumptive immunity for all other acts within their "official" duties, but have no immunity for purely private or "unofficial" acts during their presidency.

DA Willis criminally indicted former President Trump and more than a dozen other purported co-conspirators last year in a racketeering or RICO case over their alleged efforts to overturn the 2020 election results in Georgia, including allegedly pressuring certain state officials and creating a slate of alternate electors to give Georgia's electoral votes to Trump instead of President Joe Biden.

Yet, Trump's early 2021 phone call with Georgia Secretary of State Brad Raffensperger to contest the reported results, as well as the formation of an alternate slate of pro-Trump electors in case the Georgia results were reversed, may fall under Trump's "official" duties as president and therefore be immune from prosecution.

That is because, based on the majority opinion authored by Chief Justice John Roberts, discussing alleged election fraud and election integrity with state election officials like Raffensperger or even private citizens would seemingly fall under Trump's duty to ensure that all laws, including federal election laws, are upheld and enforced, per SCOTUSblog.

Legal experts suggest Georgia case in in "big trouble"

Michael McAuliffe, a former federal prosecutor, told Newsweek that "to the extent that the Georgia state RICO case relies on acts that are core presidential duties, or at a minimum official, then the new immunity case would present a new barrier to the government's prosecution."

"Given the narrative overlap between the federal January 6th case and the Georgia state case, the state judge will likely follow the federal judge's determinations," he added in reference to the D.C. district judge now tasked by the Supreme Court with determining which of Trump's charged acts constitute "official" or "unofficial" acts.

Likewise, in his review of the Supreme Court's ruling that specifically applies to the federal election-related case in D.C., CNN legal analyst Elie Honig surmised that "the Georgia case, the Fani Willis indictment, that one is in big trouble."

"That alleges essentially, largely, the same conduct as in Jack Smith's January 6 case," he added. "So, they're going to have in Georgia, the same exact immunity issues."

Honig also suggested that Trump's recent conviction in New York by Manhattan DA Alvin Bragg could also be at risk of being overturned by the high court's ruling, given that it was based in part on evidence that dates to Trump's tenure as president and could be determined to fall under the "official" acts immunity.

Willis' case likely devastated by SCOTUS ruling

DA Willis' RICO case against former President Trump always seemed to be a stretch and was already in trouble and indefinitely delayed due in large part to her own questionable actions as a prosecutor.

Her case now appears to have been devastated by the Supreme Court's immunity ruling that would seemingly protect Trump from the criminal charges Willis has pressed against him.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
© 2015 - 2024 Conservative Institute. All Rights Reserved.