Supreme Court has ruled against Jack Smith in the past

 July 4, 2024

Special Counsel Jack Smith's prosecution of former President Donald Trump was dealt a setback this week when the Supreme Court ruled that it ruled that a president's official actions enjoy a high degree of immunity.

Yet as Fox News pointed out, this is not the first time that Smith has gotten smacked down by America's highest judicial body. 

Supreme Court overturned conviction of former Virginia GOP governor

The network recalled how in 2014, Smith managed to win a conviction against former Virginia Republican Gov. Robert McDonnell on 11 corruption charges.

Smith also indicted McDonnell's wife, Maureen McDonnell, on eight corruption charges as well as one count of obstruction of injustice, with a jury finding her guilty.

However, all eight justices then sitting on the Supreme Court unanimously threw out the former governor and first lady's convictions two years later.

The justices concluded that Smith's interpretation of a law barring public officials from accepting gifts in exchange for "official action" was overly broad as the legislation does not apply to setting up meetings or hosting events for constituents.

Justices slammed "uncontrolled power of criminal prosecutors"

"There is no doubt that this case is distasteful; it may be worse than that. But our concern is not with tawdry tales of Ferraris, Rolexes, and ball gowns," Fox News quoted the Supreme Court's opinion as stating.

"It is instead with the broader legal implications of the Government’s boundless interpretation of the federal bribery statute," the Court continued.

The justices went on to caution that "uncontrolled power of criminal prosecutors is a threat to our separation of power."

According to constitutional attorney John Shu, Smith is emblematic of prosecutors who "often overcharge, partially because it puts a lot of pressure on defendants to accept a plea deal."

Constitutional attorney says Trump indictment was politically motivated

Shu, who served under Presidents George H.W. Bush and George W. Bush, noted how Smith is known as "being a hyper-aggressive prosecutor."

"What makes him unusual is that he seems willing to overstretch the meaning and intent of the law in order to meet his conviction and high sentencing goals," Shu stressed.

"Politically, Smith had to charge Trump with [obstruction] because all of those other Jan. 6 defendants also were charged, which underscores the toxic and damaging effects of injecting politics into criminal law prosecutions," Shu added.

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