If Trump's sure he has immunity, he should work with – not against – prosecutor Jack Smith
DOJ special counsel Jack Smith is asking the Supreme Court to answer a question that could end all of Trump's legal troubles and tell every American who ever studied U.S. history that we were lied to.
I’m puzzled why former President Donald Trump and his most staunch acolytes, people like U.S. Reps. Andy Biggs and Paul Gosar of Arizona and the failed governor candidate Kari Lake, are not enthusiastically teaming up with Jack Smith, the special counsel prosecuting Trump on charges of plotting to overturn the 2020 election.
Really.
Smith is asking the U.S. Supreme Court to answer a question that could put Trump in the clear, end all his legal troubles, and tell every American who ever studied U.S. history at any level, in any school, that … we were lied to.
Because depending on how the justices rule, the biggest falsehood ever propagated on Americans could be that no one is above the law.
Does Trump have immunity? Supreme Court must decide.
Trump’s lawyers are arguing that he can’t be prosecuted for anything he did while in office.
Smith disagrees. And there is nothing in the law or the U.S. Constitution that says a president enjoys criminal immunity.
U.S. District Judge Tanya Chutkan, who is overseeing the case involving Trump’s federal criminal charges, says Trump can be prosecuted. Trump’s attorneys are appealing that ruling.
Now, Smith wants the Supreme Court to answer the question.
Quickly. As it should.
In urging the court to take the case, Smith wrote, “A cornerstone of our constitutional order is that no person is above the law. The force of that principle is at its zenith where, as here, a grand jury has accused a former President of committing federal crimes to subvert the peaceful transfer of power to his lawfully elected successor.”
Trump has the right to defend himself:Judge Chutkan imposes partial gag order on Trump. But silencing a defendant isn't a good thing.
If court sides with Trump, he's off the hook
If the justices decide Trump is liable, a possible March trial can go forward. If they decide in Trump’s favor, he’s off the hook.
The weird thing is, Trump’s lawyers have not joined with Smith. Just the opposite.
And a number of Trump’s supporters don’t want the Supreme Court to get involved yet, either. They want the case to work its way through the appellate court. S.l.o.w.l.y.
Why?
Because if the case drags on past the 2024 election, and Trump happens to win, he could have his attorney general drop all charges against him.
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Why Donald Trump does not want a trial
In other words, Trump does not want a trial, perhaps because he’s afraid (or convinced) he’ll be found guilty.
His minions are afraid (or convinced) of that as well.
When Trump was federally indicted, Rep. Andy Biggs tweeted, “Eye for an eye.”
Kari Lake was more blunt. Speaking at a gathering in Georgia, she said, “I have a message tonight for (Attorney General) Merrick Garland, and Jack Smith and Joe Biden – and the guys back there in the fake news media, you should listen up as well, this one's for you.
“If you want to get to President Trump, you are going to have go through me, and you are going to have to go through 75 million Americans just like me. And I’m going to tell you, most of us are card-carrying members of the NRA.”
She added, “That’s not a threat, that’s a public service announcement.”
If Trump is above the law, prove it
Given their apparent belief in Dear Leader’s innocence, and given the Trump-stacked Supreme Court, why not support Smith in asking the court to rule?
Get this thing over with quickly.
Back in 2016, then-candidate Trump told an audience in Iowa, “I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn’t lose any voters.”
His lawyers now seem to believe Trump should be able to do just that as president and not even be prosecuted. If that’s the case, they should be eager to join Smith in trying to get the Supreme Court to quickly and decisively answer the question.
Because if they’re correct, our school teachers can start telling the nation’s young students, “In America, no one is above the law … except Donald Trump.”
EJ Montini is a columnist at The Arizona Republic/azcentral.com, where this column first published. Reach Montini at ed.montini@arizonarepublic.com