Jack Smith Asks Supreme Court To Clarify Trump’s Immunity

Special counsel Jack Smith asked the Supreme Court to clarify and decide if former President Donald Trump is immune to criminal prosecution for alleged crimes committed while he was president. Trump’s lawyers have argued that he has presidential immunity.

Smith has asked the Supreme Court to expedite a review of liberal District Judge Tanya Chutkan who ruled on Dec. 1 that Trump is not immune from criminal prosecution related to crimes he may have committed while in office.

Trump’s lawyers have argued that the former president’s immunity should result in the Department of Justice’s charges being dismissed. His lawyers have also stated that the Senate acquitted him of these 2020 election obstruction charges in 2021. According to them, the DOJ prosecuting Trump for these same actions violates double jeopardy.

This has led Smith to look at Trump’s appeal of Chutkan’s ruling to keep the trial process from potentially being delayed. Currently, this case has a March 4 trial date.

While Smith’s petition to the Supreme Court has been hailed by some political analysts, as they state it will finally clarify whether Trump has immunity or not, others have said it clearly shows what Trump has been saying all along about the Department of Justice.

For example, many believe that the Supreme Court would not have chosen to quickly look at this special counsel request if the former president — who is running to return to the White House in the 2024 elections — was not the person being prosecuted.

To this end, analysts believe that Trump’s claim that the DOJ is politically targeting him, especially because he’s running for president again, could hold sway for a lot of American voters.

Matt Klink, a GOP strategist, told Newsweek that many Republicans may agree with Trump’s assertions about federal agencies. “The filing reinforces the image among a significant portion of the Republican electorate that two systems of justice exist — one for Donald Trump and one for everyone else.”

This specific trial is already historic because of its charges against a former president. While Smith likely would’ve always had to request assistance from the Supreme Court because of this, his request may still help underscore Trump’s insistence of a political DOJ, according to Klink.

Klink said that Smith’s request “continues the narrative of a highly politicized attorney general’s office, one where its top leadership is soft on Democrats politicians and is ‘in the tank’ to help a weak Joe Biden get re-elected.”