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The Supreme Court hands ‘gift’ to Donald Trump — and why it’s a big problem for Jack Smith

The Supreme Court handed Donald Trump a landslide victory Wednesday.

Jeffrey Toobin, a legal expert who is by no means a Republican, agrees. Supreme Court decision The former president’s argument that presidential immunity protects him from criminal prosecution is a “gift,” whether or not the courts ultimately agree with him.

Toobin described this as a “gift” because the timeline almost certainly means the trial won’t happen before Election Day.

Special Counsel Jack Smith had hoped to start the trial in January after indicting Trump last August on four charges related to election interference. But U.S. District Judge Tanya Chutkan thought the schedule didn’t give Trump enough time to prepare a defense. Ultimately, she set her trial date for March 4, the day before Super Tuesday.

However, the trial stalled in December when President Trump appealed the Chutkan ruling, arguing that presidential immunity did not protect him in this case. The appeal immediately halted the court proceedings, where he has been stalled for more than two months now.

Mr. Smith has repeatedly urged the court to prioritize the “public interest” and “national interest” of the case and issue a speedy decision on the issue. What Smith means by this is that he wants the trial to be concluded by Election Day, and whether or not Trump’s constitutional rights are respected, the delay means that no jury will be able to reach a conclusion by Nov. 5. They are concerned that there is an increased possibility that a decision will not be made.

Clearly, the Supreme Court does not agree with Mr. Smith’s warning.

Not only did the Supreme Court set the date for oral arguments two months later, the week of April 22, but the justices also ordered the D.C. Circuit to stand by its ruling until it issues its own decision. A verdict will probably not be handed down until the end of the year. June.

Trump’s trial is expected to be postponed until late summer as court proceedings are halted until the Supreme Court rules. as soon as possiblethis is a key issue for Smith: the Justice Department’s policy prohibiting election interference.

In fact, Smith’s urgency was clearly designed with the election in mind, and already “appears to violate” the Justice Department’s judicial manual, according to Jack Goldsmith, a professor at Harvard Law School. .

Specifically, Mr. Goldsmith believes that Mr. Smith may be in violation of Section 9-85.500. state:

Federal prosecutors and agents may never choose the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of influencing an election or favoring or disadvantaging a candidate or political party. not.

“If this was a defendant other than Donald Trump, Trump’s defense team would not have been given sufficient time to prepare their defense, and rushing a trial would be seen as highly unfair. “The judge is giving the defendant a lot more time in the trial. The offenses are not very serious and the scale is small,” Goldsmith said. explained.

In fact, the Supreme Court issued periodic orders.

But liberals are furious because they believe Trump is guilty, regardless of the presumption of innocence, and see any further delay in the trial process as a delay in justice. In short, they believe that the ends justify the means.

But Goldsmith, who is not a Trump supporter, strongly disagrees. Rather, he believes this approach is “uniquely harmful” to American democracy.

“The Biden Justice Department’s rush to eliminate Biden’s political opponents is extremely harmful,” he wrote this month. “The damage this outcome does to our institutions—to our belief in the legitimacy of the presidential election process, to the integrity of the Department of Justice and to the possibility of apolitical justice—is immeasurable, but it is profound to us. Very likely. For a long time.”

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