Jack Smith's Case Against Trump 'Gutted' After SCOTUS Rules on Immunity


By Katie Pavlich

The Supreme Court ruled 6-3 Monday that presidents have immunity for official acts, striking a major blow against Special Counsel Jack Smith's January 6 prosecution against former President Donald Trump. 

“It is these enduring principles that guide our decision in this case. The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party," the opinion states. 

According to former federal prosecutor Andrew Cherkasky, Smith's case against Trump has been "gutted." George Washington University Law professor Jonathan Turley agrees. 

"In reading through this opinion, I can't see how this doesn't induce cardiac arrest in the special counsel," Turley said on Fox News Monday morning. "The court is imposing a very significant burden on Jack Smith when this goes back to the judge."
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