Jack Smith is a special counsel

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Special counsel Jack Smith on Monday asked the Supreme Court to reject former President Donald Trump’s immunity claim in the federal 2020 election interference case.
“The Framers never endorsed criminal immunity for a former President, and all Presidents from the Founding to the modern era have known that after leaving office they faced potential criminal liability for official acts,” Smith stated.
“The closest historical analogue is President Nixon’s official conduct in Watergate, and his acceptance of a pardon implied his and President Ford’s recognition that a former President was subject to prosecution,” he added.
The special counsel called it “radical” for Trump, the presumptive Republican nominee for president, to suggest that “unless a criminal statute expressly names the President, the statute does not apply.” Smith noted that Trump’s interpretation of presidential immunity “would free the President from virtually all criminal law — even crimes such as bribery, murder, treason, and sedition.” The Supreme Court will hear oral arguments in Trump’s immunity bid the week of April 22.
A federal appeals panel unanimously rejected Trump’s argument in February, ruling that the former president does not have “unbounded authority to commit crimes that would neutralize the most fundamental check on executive power.” Lawyers for Trump had argued that the former president could not be charged by Smith because his 2020 election machinations pertained to his official duties.
They also claimed that Trump’s impeachment by the House of Representatives in the aftermath of the Jan. 6, 2021, riot at the US Capitol meant that the current case against him amounted to double jeopardy.
Smith charged that Trump made “knowingly false” claims of voter fraud in a desperate bid to stay in power.
If the conservative-majority Supreme Court rules in Trump’s favor, the federal charges against him could be thrown out.

NEUTRAL

In the federal 2020 election interference case, special counsel Jack Smith asked the Supreme Court on Monday to deny former President Donald Trump’s claim of immunity.

Smith contended that Trump’s “novel and sweeping” immunity claim is incompatible with the “bedrock principle of our constitutional order,” which states that “no person is above the law—including the President,” in a 66-page filing to the high court. “.

“The special counsel lays out a series of arguments that he claims refute Trump’s assertion that he is immune from criminal prosecution,” writing to the justices that “the President’s constitutional duty to take care that the laws be faithfully executed does not entail a general right to violate them.”.

“All Presidents from the Founding to the Modern Era have known that they faced potential criminal liability for official acts after leaving office, and the Framers never endorsed criminal immunity for a former President,” Smith said.

His acceptance of a pardon suggested that he and President Ford acknowledged that a former president was subject to prosecution, he continued. “The closest historical analogy is President Nixon’s official conduct in Watergate.”.

The presumptive Republican presidential nominee, Donald Trump, made the “radical” claim that “unless a criminal statute expressly names the President, the statute does not apply.” This was criticized by the special counsel. “.

In his analysis, Smith pointed out that Trump’s interpretation of presidential immunity “would free the President from virtually all criminal law—even crimes like treason, sedition, bribery, and murder.”. “.

During the week of April 22, the Supreme Court will hear oral arguments regarding Trump’s request for immunity.

In February, a panel of federal appeals unanimously dismissed Trump’s appeal, holding that the former president lacked “unbounded authority to commit crimes that would neutralize the most fundamental check on executive power.”. “.

The former president’s attorneys had maintained that Smith could not bring charges against him because his meddling in the 2020 election was related to his official duties.

They further asserted that following the January scandal, the House of Representatives impeached Trump. The current case against him was considered double jeopardy because of the riot that occurred at the US Capitol on June 6, 2021.

Following his purported attempts to overturn his 2020 election loss to former Vice President Joe Biden, a federal grand jury indicted Trump on four felony counts last summer: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

Smith accused Trump of making “knowingly false” allegations of voter fraud in an effort to hold onto office.

Trump may be exonerated from federal charges if the conservative-majority Supreme Court rules in his favor.

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