Jack Smith Reveals ‘Most Critical Piece’ in Supreme Court Argument

Photo of author

By journalsofus.com

Special Counsel Jack Smith’s Highlights Supreme Court The argument is that donald trump He should be tried for election fraud regardless of presidential immunity, a former prosecutor has said.

Joyce Vance was reacting to Smith’s brief to the Supreme Court on Monday, in which he wrote that even if a former president “has some immunity from federal criminal prosecution…, this prosecution should continue.”

“This may be the most critical piece: Smith tells the Court, ‘even if you think some immunity for a president might be necessary, that’s not the case. Let this one go to trial,'” Vance wrote in X, previously Twitter.

In his argument, Smith wrote that “even assuming that a former president is entitled to some immunity for official acts, that immunity should not be considered to bar this prosecution.”

golf triumph
Donald Trump looks at the 18th green during day three of the LIV Golf Invitational – Miami at Trump National Doral Miami on April 7, 2024 in Doral, Florida.

Megan Briggs/Getty Images

“First, a president’s alleged criminal scheme to overturn an election and thwart the peaceful transfer of power to his legally elected successor is the paradigmatic example of conduct that should not be immunized, even if other conduct should be,” he wrote. Smith.

“Second, at the heart of the charged conspiracies is a private scheme with private actors to achieve a private end: Petitioner’s effort to remain in power through fraud.”

He added: “These allegations of private misconduct are more than sufficient to support the accusation.”

​​Smith is leading the federal prosecution of the former president, accused of illegally trying to reverse his defeat to the president. Joe Biden in the 2020 elections.

news week He sought comment via email from Trump’s lawyer on Tuesday.

blacksmith last year accused trump with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction and attempted obstruction of an official proceeding, and conspiracy against rights in connection with the investigation. The charges concerned the riot at the US Capitol on January 6, 2021 and the alleged plot to submit false lists of pro-Trump electors to the Electoral College.

Trump, the alleged Republican candidate in the 2024 presidential election, maintains his innocence and has pleaded not guilty to all charges, accusing prosecutors of persecuting him for political purposes.

jack smith
Special Counsel Jack Smith arrives to speak to reporters at the US Department of Justice Building in Washington, DC, on August 1, 2023. Donald Trump was indicted on August 1, 2023 for his efforts. ..

Saul Loeb/Getty Images

The case will appear before the Supreme Court on April 25, as Trump pushes to have the impeachment dismissed, arguing that he is protected from facing criminal charges for actions he took while serving in the White House.

Trump’s presidential immunity claims have already been rejected by lower courts, first by the US District Judge. Tanya Chutkan in December and again by the United States Court of Appeals for the District of Columbia in February. But later in February, the nation’s highest court agreed to take up the case, writing in a one-page order that seeks to answer “to what extent a former president enjoys presidential immunity from criminal prosecution for conduct allegedly involving acts officers.” “

Smith wrote in his brief to the Supreme Court that Trump’s attempts to overturn the result of the presidential election “thwart fundamental constitutional provisions that protect democracy.”

“These provisions include the term of office clause; the provision for electing presidents and the provision for installing successors in the 20th Amendment.”

Smith wrote that the Supreme Court simply has to determine that presidential immunity does not apply in this specific case, without making a broader determination about presidential immunity.

“A finding that the petitioner does not have immunity from the alleged crimes would be sufficient to resolve this case, leaving potentially more difficult questions that could arise on different facts for decision if they are ever presented.”

The filing adds: “No valid claim to blanket immunity should attach to a non-immune conspiracy committed with private actors through private conduct to obtain a private end simply because a former president also used official powers to further the conspiracy.”

Smith was joined in his presentation by attorneys JP Cooney and James Pearce, both attorneys in his office.