Special counsel Jack Smith’s petition Monday for expedited Supreme Court consideration of Donald Trump’s claim of immunity from prosecution was a rare, risky and masterly move. It’s likely to upend Trump’s chief strategy of delaying the federal Jan. 6 trial until next year’s election.
Smith won on the immunity question in the trial court, where U.S. District Judge Tanya Chutkan meticulously analyzed the relevant text, history and structure of the Constitution before rejecting Trump’s claim of absolute immunity from prosecution for his conduct as president. Trump’s lawyers promptly appealed to the U.S. Court of Appeals for the D.C. Circuit.
Read the rest of Harry Litman’s piece at The Los Angeles Times
