Special counsel Jack Smith, prosecuting Donald Trump on charges of plotting to overturn the 2020 election, is asking the U.S. Supreme Court to decide if a president can be prosecuted for actions taken while in office. Trump’s lawyers argue that he cannot be prosecuted, while Smith and U.S. District Judge Tanya Chutkan, overseeing the case, argue that there is no legal or constitutional basis for presidential criminal immunity. If the Supreme Court rules in Trump’s favor, he would be free of legal troubles; if they rule against him, a potential trial could proceed in March.
Trump’s Prosecution Case Awaits Supreme Court Decision
It’s perplexing why staunch supporters of former President Donald Trump, such as Arizona Rep. Andy Biggs, Rep. Paul Gosar, and failed governor candidate Kari Lake, aren’t rallying behind Jack Smith, the special counsel prosecuting Trump for allegedly plotting to overturn the 2020 election.
Smith is seeking a swift U.S. Supreme Court decision that could potentially clear Trump of all legal issues and challenge a core belief of U.S. history – that no one is above the law.
Supreme Court’s Pending Decision
Trump’s lawyers argue that he can’t be prosecuted for his actions while in office, a notion disputed by Smith and unsupported by U.S. law or the Constitution. U.S. District Judge Tanya Chutkan, who presides over Trump’s federal criminal charges case, also believes Trump can be prosecuted, a ruling currently under appeal by Trump’s lawyers. Smith now wants the Supreme Court to settle the matter quickly.
Implications of the Supreme Court’s Ruling
If the Supreme Court rules against Trump, a possible trial in March may proceed. If they rule in his favor, Trump escapes prosecution. Oddly, Trump’s lawyers aren’t supporting Smith’s initiative. Some of Trump’s supporters even prefer a slower appellate court process, hoping that if Trump wins the 2024 election, he could have his attorney general dismiss all charges.
Trump’s Reluctance for a Trial
Trump and his followers are likely afraid of a guilty verdict. When Trump was federally indicted, Rep. Biggs tweeted, “Eye for an eye.” Kari Lake conveyed a more direct message at a Georgia gathering, stating, “you’ll have to go through me and 75 million Americans like me,” warning anyone attempting to get to Trump.
A Matter of Legal Precedent
Considering their belief in Trump’s innocence and given the Supreme Court is stacked in Trump’s favor, why not support Smith in seeking a ruling? If they’re confident, they should join Smith in urging the Supreme Court to provide a quick resolution. If they’re right, they can proudly proclaim, “In America, no one is above the law… except Donald Trump.”
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