Trump’s New Legal Peril: Jack Smith’s Latest Move | 9.2.24
In this episode of the Morning Wire podcast, legal expert Andrew C. McCarthy delves into the latest developments in special counsel Jack Smith's investigation into former President Trump. McCarthy analyzes the impact of the Supreme Court's ruling on presidential immunity, which prompted Smith to revise the indictment and remove allegations related to Trump's official duties.
The blurb further covers the status of other legal cases involving Trump, including the Atlanta election interference case and the Manhattan hush money case, both of which face potential delays and hurdles related to immunity issues. McCarthy also discusses the challenges surrounding Smith's appointment as special counsel, raising the possibility of further delays as the matter may ultimately require a ruling from the Supreme Court.
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1-Page Summary
Special Counsel Jack Smith Revises Trump Charges
In response to the Supreme Court ruling on presidential immunity, special counsel Jack Smith has revised the charges against former President Trump, removing allegations related to Trump's official duties now protected by immunity.
Supreme Court Ruling on Immunity
Legal expert Andrew C. McCarthy explains that the Supreme Court established the president has absolute immunity for core executive actions and presumptive immunity within the scope of executive power. This provides Trump immunity regarding his control over law enforcement as president.
Revisions to Indictment
McCarthy states that Smith has pared down the indictment, excluding evidence implicating Trump's official duties. No charges were dropped, but allegations accusing Trump of using the Justice Department to advance schemes were removed.
Potential Legal Hurdles
Trump's team plans to appeal any decisions on immunity, delaying progress. The Supreme Court will likely need to weigh in again on Trump's immunity and the validity of Smith's appointment. Even if some allegations proceed, Trump can still challenge the charges and prosecution's ability to prove intent.
Status of Other Trump Cases
Atlanta Election Case
The Atlanta election interference case faces delays. A lower court disqualified a prosecutor, now being litigated. If the lead prosecutor is ultimately removed, the new prosecutor could potentially drop charges.
Manhattan Hush Money Case
The Manhattan hush money case is complicated by immunity issues from the Supreme Court ruling. Evidence on Trump's official acts may now be excluded. Trump will likely appeal if the judge rules against him on immunity, further delaying the case.
Challenges around Smith's Appointment
McCarthy discusses conflicting rulings over whether Smith was properly appointed as special counsel under the Constitution's Appointments Clause. While one judge found his appointment improper, McCarthy expects the D.C. judge to uphold it, likely leading to a Supreme Court appeal to resolve the circuit split.
McCarthy suggests this appeal process over Smith's appointment and Trump's right to challenge immunity rulings could greatly delay the cases, potentially past the 2024 election.
1-Page Summary
Additional Materials
Counterarguments
- The concept of absolute immunity for a president may be too broad and could potentially shield unlawful conduct if not carefully defined and limited.
- Revising charges to comply with immunity rulings might be seen as a failure to hold high-ranking officials accountable for their actions.
- Appeals and legal challenges, while part of due process, could be viewed as tactics to delay justice rather than legitimate legal maneuvers.
- The disqualification of a prosecutor in the Atlanta election case could raise concerns about the impartiality and integrity of the judicial process.
- The immunity issues complicating the Manhattan hush money case might set a precedent that could be exploited by future officeholders to avoid legal consequences.
- Conflicting rulings over the special counsel's appointment could undermine public confidence in the impartiality and effectiveness of the special counsel system.
- Delays in legal proceedings, especially if they extend past significant political events like elections, may erode public trust in the legal system's ability to function independently of political cycles.
Actionables
- You can deepen your understanding of legal immunity by researching historical cases where it played a role, noting the outcomes and precedents set. This will give you a clearer picture of how immunity has been interpreted and applied in various legal contexts, which can be insightful if you follow high-profile cases or are interested in the legal system.
- Start a discussion group with friends or colleagues to debate the implications of legal delays on the justice system and democracy. By exchanging views and insights, you'll develop a more nuanced perspective on the potential impact of prolonged legal battles on public trust and electoral processes.
- Engage in a mock trial exercise to explore the complexities of proving intent in legal cases. Assign roles such as defense, prosecution, and judge to different participants and use a fictional scenario to argue and decide on the case. This activity can sharpen your critical thinking and understanding of legal strategies.
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The revived charges against Trump filed by special counsel Jack Smith and the impact of the Supreme Court's presidential immunity ruling
In light of the Supreme Court's recent ruling on presidential immunity, special counsel Jack Smith has revised and refiled charges against former President Trump, taking into account the new legal landscape.
Special counsel Jack Smith has revised and refiled charges against Trump in response to the Supreme Court's immunity ruling.
The Supreme Court's ruling established that the president has absolute immunity for core executive actions and presumptive immunity for everything within the ambit of their executive power.
On July 1st, the Supreme Court issued an immunity decision, declaring that the president has absolute immunity for core executive actions and at least presumptive immunity for all acts within the executive power's scope. This immunity decision specifically provided Trump with absolute immunity regarding his control over subordinates within the executive branch in the exercise of law enforcement authority, a plenary power under Article II of the Constitution.
In the revised indictment, Smith has removed allegations that were based on or implicated Trump's official presidential duties, which are now protected by the Supreme Court's immunity decision.
Consequently, special counsel Jack Smith pared down the indictment, removing any allegations that are now shielded by the Supreme Court's opinion on presidential immunity. Though no charges were dropped, evidence related to Trump's official duties had to be excised. Allegations that accused Trump of using his control of the Justice Department to advance the charged schemes were among those affected and have been removed.
The legal and procedural hurdles the revived charges will face going forward.
Trump's team will immediately appeal any decisions by the lower court regarding which allegations are subject to immunity, delaying the case's progress.
Whatever decision the lower court makes about immunity claims, Trump's team is poised to file immediate appeals to both the DC Circuit and potentially the Supreme Court, actions which will invariably slow the case's progress.
The Supreme Court will likely have to weigh in again ...
Here’s what you’ll find in our full summary
The revived charges against Trump filed by special counsel Jack Smith and the impact of the Supreme Court's presidential immunity ruling
Additional Materials
Counterarguments
- The Supreme Court's ruling on presidential immunity could be seen as too broad, potentially allowing future presidents to act with impunity if their actions are deemed within the scope of executive power.
- The decision to remove allegations related to Trump's official duties might be criticized for potentially overlooking abuses of power under the guise of presidential immunity.
- Appeals to the Supreme Court on matters of presidential immunity could set a precedent that might either unduly constrain or excessively empower future special counsels.
- The validity of Smith's appointment as special counsel could be questioned on the grounds of separation of powers and the proper role of the executive branch versus the judiciary.
- The argument that Trump's team will cause delays through appeals might be countered by asserting ...
Actionables
- You can deepen your understanding of legal immunity by role-playing a mock trial with friends where you debate the boundaries of executive power. Assign roles such as a president, a special counsel, and Supreme Court justices, and use a hypothetical scenario to explore how immunity might apply. This activity will help you grasp the complexities of legal immunity and its implications in real-world situations.
- Enhance your critical thinking skills by writing a fictional opinion piece from the perspective of a legal analyst. Choose a side on the immunity debate and argue your stance, using the concepts of absolute and presumptive immunity as your framework. This exercise will improve your ability to articulate and defend a legal position, even if you're not a law expert.
- Create a board game that simulates the legal process of indicting ...
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The status and potential outcomes of the other ongoing legal cases against Trump
The legal cases against Donald Trump in both Atlanta and Manhattan are facing delays and complications, particularly due to issues around the disqualification of a prosecutor and the interpretation of recent Supreme Court rulings on immunity.
The Atlanta election interference case is in a prolonged state of limbo, with the disqualification of the lead prosecutor still being litigated.
An ongoing litigation in Georgia questions whether Fannie Willis, the prosecutor, should be disqualified from the case. A lower court has already disqualified a prosecutor involved, and the appellate court in Georgia is set to hear arguments in December. Consequently, the resolution of the disqualification issue will be delayed. Following this, immunity issues concerning the case must be addressed. If Willis is ultimately removed, the case might pass to another prosecutor who could potentially drop the charges.
The Manhattan hush money case has also been complicated by the immunity issues raised in the Supreme Court's ruling.
In the Manhattan hush money case, Trump is scheduled for sentencing on September 18th on the counts for which he was convicted. However, the case has been complicated by immunity issues. The inclusion of evidence related to Trump's official acts during the trial might now be excluded due to the Supreme Court's ruling on immunity. The judge must decide on this issue by ...
Here’s what you’ll find in our full summary
The status and potential outcomes of the other ongoing legal cases against Trump
Additional Materials
Actionables
- You can deepen your understanding of legal processes by following a high-profile court case in real-time, such as a local case in your community, to observe how delays and complications arise and are managed.
- By tracking a case from its inception through to its resolution, you'll gain insight into the judicial system's complexities, including motions, delays, and appeals. For example, choose a case that's covered in your local newspaper or online court records, and create a timeline of events to compare with the developments mentioned in the podcast.
- You can enhance your critical thinking skills by analyzing the strategic decisions made by legal teams in publicized cases.
- Review publicly available court documents or legal analyses in news articles to understand the rationale behind motions like disqualification or immunity claims. Then, try to predict the next steps each legal team might take, and later, compare your predictions with the actual course of events.
- You can improve your understanding of the appella ...
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The legal and procedural challenges facing the cases against Trump, including the appeal process and the question of Jack Smith's appointment
Legal expert Andrew C McCarthy discusses the complex legal and procedural challenges that the cases against former President Donald Trump are currently facing, particularly with regard to the appointment of Jack Smith as special counsel and the ensuing appeals process.
The legal validity of Jack Smith's appointment as special counsel is being challenged, with conflicting rulings from different courts.
McCarthy focuses on the case where Judge Aileen Cannon found that Smith was not qualified to serve as special counsel, a ruling based on the requirement for special counsels to be appointed by the president and confirmed by the Senate, or to have a position created by statute. Since Smith's appointment was under the Department of Justice regulations from the Clinton era, McCarthy, referencing Justice Clarence Thomas' concurring opinion in a recent immunity case, suggests this basis is insufficient for his appointment according to the Appointments Clause.
Judge Cannon's ruling in the Mar-a-Lago documents case found that Smith was not properly appointed, but this ruling does not bind the judge in the Washington, D.C. case.
Judge Cannon ruled that Jack Smith's appointment was improper; however, her ruling does not directly affect the proceedings in the separate Washington, D.C. case.
The D.C. judge is likely to uphold Smith's appointment, leading to an appeal to the Supreme Court to resolve the conflict between the circuits.
McCarthy anticipates that the judge in Washington, D.C. is likely to uphold Smith's appointment, potentially setting the stage for an appeal to the Supreme Court to resolve the conflict that may arise between the circuit courts over this legal question.
The appeal process will be a significant hurdle for the cases against Trump, as he has the right to challenge any adverse rulings on immunity.
This question over the proper appointment of Smith under the Constitution will need to be resol ...
Here’s what you’ll find in our full summary
The legal and procedural challenges facing the cases against Trump, including the appeal process and the question of Jack Smith's appointment
Additional Materials
Counterarguments
- The appointment of a special counsel like Jack Smith is a process that has been used before without such legal challenges, suggesting that the current objections might be more politically motivated than based on a clear legal precedent.
- The ruling by Judge Cannon could be seen as an outlier, and the broader legal consensus may support the validity of Smith's appointment under the existing Department of Justice regulations.
- The anticipation that the D.C. judge will uphold Smith's appointment is speculative, and it is possible that the judge could rule otherwise based on their interpretation of the law.
- The appeal process is a standard part of the U.S. legal system, and while it may delay proceedings, it is designed to ensure that all parties have the opportunity to contest decisions and that justice is served correctly.
- Delays in legal cases, especially those involving complex constitutional questions and ...
Actionables
- You can deepen your understanding of the legal system by following a high-profile court case in real-time, noting each decision and its implications.
- By tracking the progress of a case like the one mentioned, you'll learn about the appeals process, the role of different courts, and how legal challenges can affect the timing of a case. For example, choose a case that's currently in the news, create a timeline of events, and research the legal terms and procedures as they arise.
- Enhance your critical thinking by comparing media coverage of a legal event from multiple sources.
- This will help you identify biases and different interpretations of the same legal proceedings. Take the case in question and read reports from various news outlets, noting the differences in how the information is presented and the potential reasons behind these differences.
- Practice your debate skills by organizing a disc ...
Get access to the context and additional materials
1-Page Summary- The revived charges against Trump filed by special counsel Jack Smith and the impact of the Supreme Court's presidential immunity ruling
- The status and potential outcomes of the other ongoing legal cases against Trump
- The legal and procedural challenges facing the cases against Trump, including the appeal process and the question of Jack Smith's appointment
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