- Special Counsel Jack Smith filed a US Supreme Court brief on Monday, urging the justices to reject former Pres. Donald Trump's immunity claim in the federal election interference case on the grounds that "no person is above the law." Guardian (LR: 2 CP: 5)
- In the 66-page filing, Smith argued that Trump's "novel and sweeping" immunity claim contradicts the "bedrock principle of our constitutional order," adding that the "framers never endorsed criminal immunity for a former President." The Post Millennial
- Smith has been investigating Trump's alleged role in attempting to overturn the results of the 2020 presidential election. Trump has argued that, if he faces criminal prosecution after having left office, it would "incapacitate every future president." NBC (LR: 2 CP: 4)
- Tanya Chutkan — the judge presiding over the case — and a three-judge federal appellate panel in Washington have rejected Trump's claim he is immune from prosecution over actions that occurred while he was in office. PBS NewsHour (LR: 3 CP: 5)
- Trump, the presumptive GOP nominee in the 2024 election, argues that a ruling against him could open future presidents up to "de facto blackmail and extortion while in office." SCOTUS will hear arguments on April 25, and a decision is expected in July. CNN (LR: 2 CP: 5)
- Last week, Smith urged US District Judge Aileen Cannon to drop her jury instructions orders in a case involving Trump's alleged retention of classified documents after his presidency. In that case, Trump claims he is protected under the Presidential Records Act. Verity
Anti-Trump narrative:
- While Trump pulls out every trick in the book to delay his criminal trials, Jack Smith is pushing back against the former president's ridiculously flawed legal arguments. In his brief to the Supreme Court, Smith laid out the numerous holes in Trump's claims while demonstrating that a former president doesn't have the unadulterated right to violate the Constitution. Smith has done his job, and it's up to the conservative court to decide whether its allegiance is to the Constitution or Trump.
MSNBC (LR: 1 CP: 5)
Pro-Trump narrative:
- Jack Smith continues to demonstrate that he is engaged in a political witch hunt against Donald Trump, and his latest filing to SCOTUS shows the double standards of his arguments. Smith knows he can't present a serious case claiming that Trump engaged in insurrection, so he's trying to relate irrelevant statutes to Trump's actions. Unlike rabid partisans like Tanya Chutkan, SCOTUS will consider the facts of the case. Hopefully, the justices will put an end to this sham prosecution.
JULIE KELLY ON X
Nerd narrative:
- There's a 50% chance that Donald Trump will be convicted of a felony before the 2024 presidential election, according to the Metaculus prediction community.
METACULUS (LR: 3 CP: 3)
If a president is immune to legal action during presidency, what is to stop them from assassinating political rivals domestic and abroad, refusing to hold or honor elections, etc.
This would be a very dangerous precedent to set.
It is time for the power creep pendulum of the executive branch, especially the Office of The President of The United States, to start swinging the other way.
Double dangerous because the lesser of the two evils would never "take advantage" of the precedent. But the other side will.