POLITICS_ Jack Smith And Fani Willis Have ‘Little Left’ To Throw At Trump After Immunity Ruling

DAILY CALLER

POLITICS

Jack Smith And Fani Willis Have ‘Little Left’ To Throw At Trump After Immunity Ruling

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DAILY CALLER NEWS FOUNDATION

Katelynn Richardson
Contributor
July 02, 2024 6:55 PM ET


The Supreme Court’s decision on presidential immunity Monday made it more difficult for both special counsel Jack Smith and Fulton County District Attorney Fani Willis to prosecute former President Donald Trump, throwing their indictments into serious question.

The decision, which found former presidents are entitled to “at least presumptive immunity” from prosecution for all “official acts,” will force Smith to go back to the drawing board as Judge Tanya Chutkan weighs which portions of the indictment fall into that category and are covered by immunity. The process not only means a trial before the election is a virtual impossibility, but paired with another ruling this term on the obstruction statute connected to two charges in the indictment, it likely will leave Smith with little more than a shell of a case.

“I think it could take several months for the trial court to decide what are official and unofficial acts,” UC Berkeley law professor and former President George W. Bush Department of Justice official John Yoo told the Daily Caller News Foundation. “Both sides must have a fair chance to research and argue the issue before the judge undertakes her analysis.” (RELATED: Justice Thomas Questions Constitutionality Of Jack Smith’s Appointment)

When paired with the Fischer v. United States case, where the Supreme Court majority found the DOJ’s interpretation of an obstruction statute used to charge hundreds of Jan. 6 defendants and connected to two counts of Trump’s indictment too expansive, Yoo told the DCNF there is “little left” of Smith’s case. Yoo argued in a recent Fox News column President Joe Biden and Attorney General Merrick Garland would “be wise to shut down the special counsel investigation, blame its failures on the Supreme Court, and leave the question of Trump’s responsibility up to the people in November.”

John Malcolm, vice president for the Heritage Foundation’s Institute for Constitutional Government, told the DCNF it is “very unclear” whether any viable charges “remain against Trump in either D.C. or Atlanta.”

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READ MORE: https://dailycaller.com/2024/07/02/supreme-court-trump-immunity-jack-smith/

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