{"id":2295088,"date":"2024-07-15T07:34:00","date_gmt":"2024-07-15T11:34:00","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/jack-smith-becomes-his-own-worst-enemy-in-fight-to-get-trump-washington-examiner\/"},"modified":"2024-07-15T07:36:24","modified_gmt":"2024-07-15T11:36:24","slug":"jack-smith-becomes-his-own-worst-enemy-in-fight-to-get-trump-washington-examiner","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/jack-smith-becomes-his-own-worst-enemy-in-fight-to-get-trump-washington-examiner\/","title":{"rendered":"Jack Smith becomes his own worst enemy in fight to get Trump &#8211; Washington Examiner"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">30<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fjack-smith-becomes-his-own-worst-enemy-in-fight-to-get-trump-washington-examiner%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2295088&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The article discusses the implications of the Supreme Court&#8217;s \u2062decision \u2064on\u200b former President Donald Trump&#8217;s claims of presidential immunity on special counsel\u200b Jack Smith&#8217;s criminal cases. The \u200ccourt ruled\u200d that presidents are immune\u2064 from criminal prosecution for official acts but may still be prosecuted for unofficial acts, leaving lower courts to\u2062 determine the extent of \u200bimmunity for Trump. Legal experts suggest that Smith faces new \u2063hurdles in his cases \u2063due \u2062to the ruling. The article also mentions Chief Justice John Roberts&#8217; opinions on past cases and the potential impact of the\u200b immunity decision on Trump&#8217;s various legal challenges. There are concerns about delays in the cases and criticism of \u200dSmith&#8217;s handling \u2063of the prosecutions. the article highlights the complexities and\u2064 challenges \u200bfacing the legal \u200cproceedings involving Trump and the special counsel.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><br \/>\n<!DOCTYPE html PUBLIC \"-\/\/W3C\/\/DTD HTML 4.0 Transitional\/\/EN\" \"http:\/\/www.w3.org\/TR\/REC-html40\/loose.dtd\"><br \/>\n<?xml encoding=\"utf-8\" ?><html><body><\/p>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-header-search-button-mob dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-mobile-search-icon td-icon-search\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><a class=\"tdb-logo-a\" href=\"https:\/\/www.washingtonexaminer.com\/\" title=\"Washington Examiner\"><span class=\"tdb-logo-img-wrap\"><\/span><span class=\"tdb-logo-text-wrap\"><span class=\"tdb-logo-text-title\">Washington Examiner<\/span><\/span><\/a><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div class=\"tdb-drop-down-search\" aria-labelledby=\"td-header-search-button\">\n<div class=\"tdb-drop-down-search-inner\">\n<form method=\"get\" class=\"tdb-search-form\" action=\"https:\/\/www.washingtonexaminer.com\/\">\n<div class=\"tdb-search-form-inner\"><input class=\"tdb-head-search-form-input\" placeholder=\" \" type=\"text\" value name=\"s\" autocomplete=\"off\"><button class=\"wpb_button wpb_btn-inverse btn tdb-head-search-form-btn\" title=\"Search\" type=\"submit\"><span>Search<\/span><\/button><\/div>\n<\/form>\n<div class=\"tdb-aj-search\"><\/div>\n<\/div>\n<\/div>\n<p><a href=\"http:\/\/www.washingtonexaminer.com\/#\" role=\"button\" aria-label=\"Search\" class=\"tdb-head-search-btn dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-search-icon td-icon-search\"><\/i><\/a><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><a class=\"tdb-logo-a\" href=\"https:\/\/www.washingtonexaminer.com\/\" title=\"Washington Examiner\"><span class=\"tdb-logo-img-wrap\"><\/span><span class=\"tdb-logo-text-wrap\"><span class=\"tdb-logo-text-title\">Washington Examiner<\/span><\/span><\/a><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<h1 class=\"tdb-title-text\">Jack Smith becomes his own worst enemy in fight to get Trump<\/h1>\n<div><\/div>\n<div class=\"tdb-title-line\"><\/div>\n<\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div class=\"tdb-author-name-wrap\"><span class=\"tdb-author-by\">By<\/span> <a class=\"tdb-author-name\" href=\"https:\/\/www.washingtonexaminer.com\/author\/kaelan-deese\/?mab_v3=3080138\">Kaelan Deese and Ashley Oliver<\/a><\/div>\n<\/div>\n<div class=\"tdb-block-inner td-fix-index\"><time class=\"entry-date updated td-module-date\" datetime=\"2024-07-15T07:00:00-04:00\">July 15, 2024 7:00 am<\/time><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div id=\"Brid_1699658\" class=\"tpd-featured-video bridtv\"><\/div>\n<p>The <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/supreme-court\" target=\"_blank\" rel=\"noreferrer noopener\">Supreme Court<\/a>\u2019s decision on former President <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/donald-trump\" target=\"_blank\" rel=\"noreferrer noopener\">Donald Trump<\/a>\u2019s claims of presidential immunity has presented new hurdles for special counsel <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/jack-smith\/\" target=\"_blank\" rel=\"noopener\" title>Jack Smith<\/a>\u2018s criminal cases that should give him pause over his approach to the sweeping indictments, legal experts say.<\/p>\n<p>Last week, the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/mississippi-supreme-court-strikes-down-voter-approved-medical-marijuana-initiative\/\" title=\"Mississippi Supreme Court Strikes Down Voter-Approved Medical Marijuana Initiative\">high court ruled 6-3<\/a> along ideological lines in <em>Trump v. United States<\/em> that presidents are immune from criminal prosecution for \u201cofficial acts\u201d but may still be prosecuted for unofficial acts. However, the ruling did not clearly define the boundary between the two, leaving the task now to lower courts to determine the extent to which Trump enjoys immunity under the new precedent.<\/p>\n<figure class=\"wp-block-image size-full\"><figcaption class=\"wp-element-caption\">Jack Smith speaks to the media about an indictment of Trump in Washington. (AP Photo\/J. Scott Applewhite, File)<\/figcaption><\/figure>\n<p>\u201cIf Smith had thought just a little harder about immunity, he should have realized that he was going to have a real uphill slog here,\u201d Josh Hammer, senior counsel for the Article III Project, said.<\/p>\n<p>Chief Justice John Roberts, who authored the majority opinion, referenced a 2016 Supreme Court decision overturning the conviction of former Virginia Gov. Robert McDonnell, a case that was also prosecuted by Smith. The former Republican governor\u2019s case stemmed from more than $175,000 in loans and gifts that he and his family received from a businessman who sought state universities to perform clinical tests on a dietary supplement his company created.<\/p>\n<p>But Roberts found in the McDonnell case that prosecutors had defined \u201cofficial acts\u201d too broadly and took the position in the Trump decision that they had considered the question too narrowly. In both the McDonnell case and the Trump immunity case, Roberts leaned toward finding that prosecutors overreached and exceeded the authority and intent of the criminal statutes. <\/p>\n<p>Richard Kelsey, a local Virginia attorney who extensively analyzed the McDonnell case at the time, said the irony is that Smith once held the position that anything an official does in office is considered an official act.<\/p>\n<p>\u201cWith respect to Smith, the fascinating part is he\u2019s been on both sides of the equation [and] hasn\u2019t won on either side yet,\u201d Kelsey said.<\/p>\n<p>The immunity decision will likely limit the evidence prosecutors can present in Trump\u2019s Washington, D.C., case and <a href=\"https:\/\/www.washingtonexaminer.com\/news\/campaigns\/presidential\/3072715\/where-trump-cases-stand-after-immunity-ruling\/\" target=\"_blank\" rel=\"noopener\" title>has already prompted<\/a> new challenges to his <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/3079085\/trump-asks-toss-out-hush-money-verdict-bragg-very-wrong\/\" target=\"_blank\" rel=\"noopener\" title>felony conviction in New York<\/a> and his classified documents indictment in Florida. It is also expected to lead to fresh motions to dismiss or limit the state charges Trump faces in Georgia for alleged election interference.<\/p>\n<p>Notably, Smith has maintained his posture that the Sixth Amendment right to speedy trial should extend to the cases against Trump despite the growing belief among experts that the cases cannot be adjudicated before the Nov. 5 presidential election rematch between President Joe Biden and Trump. Hammer said this argument has and still is \u201cbeyond laughable\u201d for Smith to make, given the \u201cBill of Rights is not to protect the government but to protect you from the government.\u201d<\/p>\n<p>At the very least, Trump could still learn before the election which acts he is or is not immune from if lower courts are able to comment through what some experts have dubbed \u201cmini-trials\u201d that will in essence apply the immunity standard to his indictment.<\/p>\n<p>U.S. District Judge Tanya Chutkan is likely to resume adjudication of Smith\u2019s Washington, D.C., case in August after the judgment returns to her court. However, sources <a href=\"https:\/\/www.theguardian.com\/us-news\/article\/2024\/jul\/09\/trump-january-6-witnesses-election\" target=\"_blank\" rel=\"noopener\" title>told<\/a> the <em>Guardian <\/em>this week that Trump\u2019s lawyers try at no end to delay these hearings because of their potential to reopen the contentious aspects of the Capitol riot in the final months before the election.<\/p>\n<p>Kelsey suggested if Smith seeks to bypass any further delays, given the potential for Trump to win reelection and dismiss the federal cases against him, then the special counsel ought \u201cto go back into this indictment and figure out, \u2018Is there a method by which I can get rid of everything that they can plausibly claim to be immune?&#8217;\u201d The lawyer noted it wasn\u2019t clear to him whether the special counsel would be willing to trim his indictment for the sake of getting a trial underway.<\/p>\n<p>Hammer also said the one flaw of Smith\u2019s case that remains prescient is the timing of which the case was brought, blasting the Justice Department\u2019s relatively late decision to bring the charges against Trump in late summer of 2023. Attorney General Merrick Garland appointed Smith as special counsel in late 2022 to add independence to the Trump investigation, once it became clear Trump would run for president in the 2024 election.<\/p>\n<p>\u201cThe most obvious thing that he could have done, is just get, get these things filed earlier, not worry about this race against the clock,\u201d Hammer added.<\/p>\n<p>Another matter that could worsen Smith\u2019s hangups is the assertion by Trump that the special counsel\u2019s appointment by Garland is unlawful, an argument that had failed with previous special counsels and was not at issue before the high court in the immunity decision despite gaining <a href=\"https:\/\/www.washingtonexaminer.com\/news\/3066066\/justice-thomas-jack-smith-constitutionally-appointed\/\" target=\"_blank\" rel=\"noopener\" title>notable intrigue from Supreme Court Justice Clarence Thomas<\/a>.<\/p>\n<p>Smith is in the process of fighting this claim, arguing on Friday in a court filing in Trump\u2019s classified documents case that Thomas\u2019s opinion \u201cneither binds this Court nor provides a sound basis to deviate from the uniform conclusion of all courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel.\u201d<\/p>\n<p>U.S. District Judge Aileen Cannon, who is handling the classified documents case against Trump, is <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/3053691\/trump-attorneys-jack-smith-unlawfully-made-special-counsel\/\" target=\"_blank\" rel=\"noopener\" title>currently weighing <\/a>the special counsel argument. Kelsey said he believes that dispute could serve as a vehicle to present the question to the Supreme Court at some point regardless of how Cannon rules, but he said he thinks it would not be an \u201cinterlocutory appeal,\u201d meaning it could only elevate to the justices after a potential conviction.<\/p>\n<p>\u201cI\u2019ve been fascinated by that more than anything else because \u2026 what happens if you have a trial and you have all these convictions, and then that issue gets all the way up, and then all the convictions get thrown out because, guess what, Supreme Court rules he was never actually properly a special prosecutor?\u201d Kelsey said.<\/p>\n<p>Trump faces four counts in the election interference case: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempting to obstruct an official proceeding, and conspiracy against rights. He faces 40 in the classified documents case, including more than two dozen Espionage Act violations. Trump pleaded not guilty to all of the charges.<\/p>\n<p>The complications presented by the Supreme Court, from the immunity review and Thomas\u2019s mention of the legality of the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/exclusive-stefanik-cawthorn-support-appointing-special-counsel-on-biden-family-china-ties\/\" title=\"Exclusive -- Stefanik, Cawthorn Support\u00a0Appointing Special Counsel on Biden Family China Ties\">special counsel appointment<\/a> to a ruling about Jan. 6 that may also <a href=\"https:\/\/www.washingtonexaminer.com\/news\/supreme-court\/3064427\/what-happens-to-jan-6-cases-after-scotus-ruling\/\" target=\"_blank\" rel=\"noopener\" title>open<\/a> an opportunity for Trump to raise additional challenges in the election case, are expected to cause severe delays to the already derailed original schedules of the cases.<\/p>\n<p>Jim Trusty, an attorney who worked on both cases in 2023, said he views Smith\u2019s prosecutions as overzealous and does not believe Smith has the \u201ccourage\u201d to respond the way a typical prosecutor would, in a typical case, to the mounting challenges he is facing.<\/p>\n<p>\u201cIn a normal world, Jack Smith would probably go back and re-present these cases in a much leaner fashion to the grand jury,\u201d Trusty said.<\/p>\n<p>Trusty speculated that Smith would, however, rather see his cases tossed out by judges so prosecutors could claim they were \u201cunfairly treated or that the court is political rather than do what a normal prosecutor would do right now.\u201d<\/p>\n<p>He said in both cases, the indictments are \u201ccontaminated\u201d by activity that is protected either by immunity or privilege. The Jan. 6 case is \u201creally heavy\u201d on immunized acts, while the Mar-a-Lago indictment includes some official acts as well as <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/attorney-client-privilege-federal-prosecutors-for-sdny-working-to-seize-rudy-giulianis-emails\/\" title=\"\u201cAttorney-Client Privilege?\u201d \u2013 Federal Prosecutors for SDNY Working to Seize Rudy Giuliani\u2019s Emails\">attorney-client privilege<\/a> material that Trusty expects will be litigated in due time, he said.<\/p>\n<p>\u201cAll of that reflects the fact that Jack Smith ran roughshod over historical protections like executive privilege and attorney-client privilege, and the immunity case begins to rein in that activity,\u201d Trusty said.<\/p>\n<p><strong><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER<\/a><\/strong><\/p>\n<p>He added that he does not believe the courts are \u201cblind to context.\u201d<\/p>\n<p>\u201cThey\u2019re seeing overreaching, and they\u2019re basically saying, \u2018We\u2019re not comfortable with a criminal justice system that\u2019s acting the way Jack Smith is acting,\u2019\u201d Trusty said.<\/p>\n<p> <script data-cfasync=\"false\" src=\"http:\/\/www.washingtonexaminer.com\/cdn-cgi\/scripts\/5c5dd728\/cloudflare-static\/email-decode.min.js\"><\/script><script>!function(){var g=window;g.googletag=g.googletag||{},g.googletag.cmd=g.googletag.cmd||[],g.googletag.cmd.push(function(){g.googletag.pubads().setTargeting(\"has-featured-video\",\"true\")})}();<\/script><script>var _bp=_bp||[];_bp.push({\"div\":\"Brid_1699658\",\"obj\":{\"id\":\"27789\",\"width\":\"1280\",\"height\":\"720\",\"stickyDirection\":\"below\",\"video\":\"1699658\"}});<\/script><script defer src=\"https:\/\/services.brid.tv\/player\/build\/brid.min.js\"><\/script><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><a class=\"tdb-logo-a\" href=\"https:\/\/www.washingtonexaminer.com\/\" title=\"Washington Examiner\"><span class=\"tdb-logo-img-wrap\"><\/span><span class=\"tdb-logo-text-wrap\"><span class=\"tdb-logo-text-title\">Washington Examiner<\/span><\/span><\/a><\/div>\n<p><\/body><\/html><\/p>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Supreme Court&#8217;s ruling on former President Donald Trump&#8217;s immunity has created new challenges for special counsel Jack Smith&#8217;s criminal cases, causing experts to question his approach to the indictments. The decision, which stated that presidents are immune from prosecution for official acts but not unofficial acts, has left lower courts to determine the extent of Trump&#8217;s immunity. This ruling has impacted Smith&#8217;s cases in Washington, New York, Florida, and Georgia, leading to delays and challenges. Despite Smith&#8217;s insistence on a speedy trial, experts believe the cases may not be resolved before the upcoming presidential election. Additionally, Trump has raised concerns about the legality of Smith&#8217;s appointment as special counsel, adding another layer of complexity to the cases. Trusty, an attorney who worked on the cases, criticized Smith&#8217;s handling of the prosecutions, suggesting that he may be facing mounting challenges due to overzealousness. The Supreme Court&#8217;s decisions and Trump&#8217;s legal challenges are expected to further delay the resolution of the cases<\/p>\n","protected":false},"author":3001,"featured_media":2295089,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/07\/Jack-Smith.webp","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[4004,32463,35068],"class_list":["post-2295088","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-fight","tag-jack-smith","tag-worst-enemy"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/07\/Jack-Smith.webp","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2295088","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/3001"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2295088"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2295088\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2295089"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2295088"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2295088"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2295088"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}