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Jack Smith’s Supreme Court Gamble Could Become Huge Win For Trump

via C-SPAN
This article was originally published at StateOfUnion.org. Publications approved for syndication have permission to republish this article, such as Microsoft News, Yahoo News, Newsbreak, UltimateNewswire and others. To learn more about syndication opportunities, visit About Us.

Special counsel Jack Smith took a case involving the prosecution of former President Donald Trump directly to the U.S. Supreme Court, questioning Trump’s presidential immunity in relation to the Capitol riot.

The justices also agreed to hear a case brought by a rioter, potentially impacting Trump’s trial timeline.

Legal experts suggest that the Supreme Court’s decision on the rioter’s case could lead to a delay in Trump’s trial date. (Trending: Supreme Court Delivers Historic Ruling on AR-15s)

According to Newsweek, “Trump is also facing one count of conspiracy to defraud the U.S. and one count of conspiracy against rights. He has pleaded not guilty to all charges.”

The outlet also reported, “Because Fischer could potentially upend hundreds of cases, including Trump’s, legal experts said the SCOTUS announcement could give Trump’s team further reason to delay the trial, which is scheduled to begin March 4, 2024.”

Former U.S. Attorney Barbara McQuade said, “Even though he has two other counts in the indictment, convictions on the obstruction counts could jeopardize the whole case on appeal if a court were later to find that the jury may have relied on evidence of the obstruction in reaching its decision.”

Adding, “Other options are to drop the obstruction counts now and proceed on the other two counts or take his chances with all four counts and move forward.”

Legal commentator Randall Eliason agreed, saying, “Both the judge and the parties will likely want to see what the Supreme Court has to say before going to trial, or at the very least before instructing the jury.”

Former federal prosecutor and elected state attorney Michael McAuliffe explained, “Each count can stand on its own even though they arise from the same set of factual allegations.”

“As such, the Supreme Court’s prospective decision defining the scope of one subsection of the federal obstruction of an official proceeding statute will not derail the special counsel’s prosecution of Donald Trump in the D.C. case,” he continued.

Newsweek reported that, “McAuliffe said the only real threat to Trump’s federal election case would be the presidential immunity claim, which Smith already brought to the Supreme Court in his petition last week.”

Concluding, “The justices have given Trump’s team until December 20 to respond to Smith’s petition before the court decides whether or not to take the case.”

However, it’s noted that the indictment against Trump is structured in a way that a Supreme Court ruling against obstruction charges wouldn’t hinder the federal election case.

The question of presidential immunity remains a significant factor in Trump’s federal election case.

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